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COMMONWEALTH v. RAYBOURNE

364 S.W.2d 814 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jack RAYBOURNE, Jr., et al., Appellees.

Court of Appeals of Kentucky.

February 8, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Frankfort, Phillip K. Wicker, Somerset, for appellants.

W. Earl Dean, Harrodsburg, Joseph Polin, Springfield, for appellee.

CULLEN, Commissioner.

This is a highway condemnation case in which the jury in circuit court returned a verdict awarding $3096 for the land taken and $6,910 for damages to the remainder. The Commonwealth, Department of Highways, has appealed from the judgment on the verdict, contending that the award for damages to the remainder is excessive and not supported by probative evidence.

The appellees' 265-acre farm fronted for a distance of 913 feet on U. S. Highway...

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