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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. HOWARD

375 S.W.2d 398 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sudie HOWARD, Appellee.

Court of Appeals of Kentucky.

February 7, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Phillip K. Wicker, Somerset, for appellant.

Julian H. Golden, Pineville, for appellee.

WILLIAMS, Judge.

In the Bell Circuit Court the appellee Sudie Howard was awarded $6,500 for .46 acre of land condemned by appellant. The judgment is attacked on two grounds: (1) The verdict is excessive and based on naked opinions of witnesses as to values rather than on statements of fact; (2) reversible error was committed when the circuit court refused to permit the Commonwealth's witnesses to testify concerning sale prices of comparable properties.

The...

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