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CINCINNATI, N. O. & T. P. RY. CO. v. COMMONWEALTH

376 S.W.2d 307 (1964)

The CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, a Corporation, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

February 28, 1964.

Attorney(s) appearing for the Case

Lewis Levy, Geoghegan, Levy & Daly, Cincinnati, Ohio, for appellant.

John B. Breckinridge, Atty. Gen., Frankfort, H. D. Reed, Jr., Asst. Atty. Gen., C. E. Skidmore, Douglas Curry, Department of Highways, Frankfort, for appellee.

MONTGOMERY, Judge.

The Cincinnati, New Orleans & Texas Pacific Railway Company appeals from a highway condemnation judgment by which it was awarded $11,877.75 for the taking of 8.07 acres of land. Appellant contends that the court erred in the admission and exclusion of testimony and in the refusal of an instruction.

The land in question is located on Crescent Springs Pike between Erlanger and Covington. It consisted of 24.4 acres of unimproved, uncultivated...

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