COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CONLEY


386 S.W.2d 750 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Hattie CONLEY, Widow, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 5, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Edmond H. Tackett, Jarvis Allen, Pikeville, for appellant.

Earl R. Cooper, Salyersville, for appellees.


PALMORE, Judge.

The Commonwealth appeals from a judgment of the Magoffin Circuit Court awarding the owners $3,500 for the taking of three small strips of their land, totalling.84 acres, incident to the widening of a public road.

The case is invested with some degree of confusion by reason of the circumstance that the parties do not agree as to the boundaries of the road prior to the widening and the trial court evidently did not determine that question. Although...

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