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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WIMAN

383 S.W.2d 371 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Hardy P. WIMAN et al., Appellees.

Court of Appeals of Kentucky.

October 23, 1964.

Attorney(s) appearing for the Case

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

Seth T. Boaz, Mayfield, for appellees.

MILLIKEN, Chief Justice.

The Commonwealth of Kentucky prosecutes this appeal because of the alleged commission of prejudicial errors during the jury trial of a condemnation action in the circuit court which resulted in an excessive verdict for the landowners. The jury awarded the property owners $4,000 for the land taken. The Commissioner's award in the county court had been $6,000.

In 1959 the appellees purchased a four-acre tract in Graves County for $4...

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