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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BARKER

379 S.W.2d 481 (1964)

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

Court of Appeals of Kentucky.

May 22, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Walter Mobley, Flemingsburg, for appellant.

B. G. Brammell, Morehead, for appellees.

DAVIS, Commissioner.

In this highway condemnation suit, the appellee property owners were awarded judgment of $895.25 by the Rowan County Court. They appealed to the Rowan Circuit Court; the Department of Highways appealed also (we are told in its brief) but dismissed the appeal in circuit court. For our purposes, it is as if no appeal from county court to circuit court was taken by the Department of Highways.

Upon a jury trial in the circuit court, a judgment...

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