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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WOOD

380 S.W.2d 73 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Arthur WOOD and Beulah Wood, His Wife, Appellees.

Court of Appeals of Kentucky.

June 5, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., F. D. Curry, Patrick J. Dixon, Dept. of Highways, Frankfort, for appellant.

William F. Threlkeld, Williamstown, for appellees.

STEWART, Judge.

In this condemnation suit involving 132 acres, the jury allowed the land owners, Arthur Wood and Beulah Wood, his wife, $11,000 for the land taken, consisting of 33.86 acres, whereas the highest value placed on this property by any witness was $9311.50. Appellees argue that such a jury finding is not reversible error, since the whole amount awarded for both the land taken and the damages to the adjacent property is within the limits of the evidence...

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