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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. DENNY

385 S.W.2d 776 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ada DENNY et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 18, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., James B. Stewart and C. E. Skidmore, Dept. of Highways, Frankfort, for appellant.

Robert M. Odear, Robert F. Houlihan, Stoll, Keenon & Park, Wm. S. Black, Robert E. Rice, Lexington, for appellees.

DAVIS, Commissioner.

The Commonwealth of Kentucky, Department of Highways (hereinafter referred to as Department), appeals from a judgment of the Fayette Circuit Court awarding $40,511 to appellees incident to this condemnation proceeding.

Three bases for reversal are urged: (1) error in permitting witnesses for the landowners to base their damage estimates on the premise that access to the highway was being taken; (2) error in permitting landowner's witnesses...

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