COMMONWEALTH DEPARTMENT OF HIGHWAYS v. BROOKS


380 S.W.2d 77 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Dr. Phillip BROOKS et al., Appellees.

Court of Appeals of Kentucky.

June 5, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Benjamin J. Mann, Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, for appellant.

Louis P. McHenry, Hopkinsville, for appellees.


CULLEN, Commissioner.

A motion for appeal having been sustained, we have before us the appeal of the Commonwealth of Kentucky, Department of Highways, from a judgment in a highway condemnation suit awarding the appellee landowners $500.

The appellees did not offer any evidence fixing value or damages in terms of money. The highest estimate by the appellant's witnesses, for land taken and damages to the remainder, was $275.

At the close of the evidence...

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