COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HOUCHINS


380 S.W.2d 95 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Nelson HOUCHINS et al., Appellees.

Court of Appeals of Kentucky.

June 5, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Frankfort, James H. Lucas, Asst. Atty. Gen., Bowling Green, for appellant.

B. M. Vincent, Brownsville, 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 $2500.

The only error asserted is the overruling by the trial court of appellant's motion that the jury be sent to view the premises. Under KRS 177.087 the appellant was entitled to have the jury view the premises, and the overruling...

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