COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. YATES


383 S.W.2d 340 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Will YATES et al., Appellees.

Court of Appeals of Kentucky.

October 16, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., C. E. Skidmore, Dept. of Hwys., Frankfort, for appellants.

Holland G. Bryan, Paducah, for appellees.


DAVIS, Commissioner.

In this condemnation proceeding the appellees were awarded judgment for $8,000 pursuant to jury verdict. Appellant challenges the judgment on two grounds: (1) The evidence fails to support the verdict, and (2) erroneous admission of evidence that market value had been diminished because of limitation of access to the highway.

The original tract from which the right of way is being acquired contained 25 acres. It had frontage of about 775...

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