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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SCOTT

385 S.W.2d 330 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Drura O. SCOTT et al., Appellees.

Court of Appeals of Kentucky.

November 20, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Joyce Nedde, Frankfort, George S. Clay, Henderson, for appellant.

William M. Deep, Henderson, for appellees.

DAVIS, Commissioner.

In this condemnation proceeding the appellant Department of Highways is acquiring 0.8 of an acre from appellees' tract, which consisted of 13.2 acres prior to the taking. The Department appeals from the judgment entered on the jury's verdict awarding total recovery of $7,550, itemized as $3,600 for the land taken, plus $3,950 for resultant damages. (This trial was before the decision in Com., Dept. of Highways v. Sherrod, Ky.,

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