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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. OLIVER

385 S.W.2d 173 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Josie OLIVER, Widow, et al., Appellees.

Court of Appeals of Kentucky.

December 18, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Dept. of Highways, Jackson, for appellant.

Ralph N. Walter, Nickell & Walter, West Liberty, for appellees.

CLAY, Commissioner.

This is a condemnation case. The Commonwealth acquired a little over eleven acres of a 115 acre farm in Wolfe County. Approximately eight of the acres taken were bottom land and the remainder was hill land which could be cultivated. The jury awarded the property owners $10,000. It is the Commonwealth's contention that the testimony of appellees' expert witnesses lacked sufficient probative value to support this award.

The two witnesses...

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