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COMMONWEALTH, DEPT. OF HIGHWAYS v. BRUBAKER

375 S.W.2d 404 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Russell E. BRUBAKER et al., Appellees.

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., Reed Anderson, Paducah, Dept. of Highways, for appellant

E. W. Rivers, Paducah, for appellees.

PALMORE, Judge.

On motion made and granted pursuant to KRS 21.060(2) the Commonwealth appeals from a judgment entered on a verdict awarding the appellees $2,5381 in a land condemnation case.

The first complaint is that the three persons who served as commissioners to fix the damages in county court, appearing as witnesses for the landowners at the trial in circuit court, testified to the amount they awarded in county court. Such...

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