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COMMONWEALTH, DEPT. OF HIGHWAYS v. HERNDON

378 S.W.2d 620 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. K. M. HERNDON et al., Appellees.

Court of Appeals of Kentucky.

April 24, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Frank D. Berry, Madisonville, F. D. Curry, Harrodsburg, James G. Osborne, Covington, for appellant.

Sam Boyd Neely, Martin, Neely & Reed, Mayfield, for appellees.

MONTGOMERY, Judge.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment in a condemnation action by which K. M. Herndon and wife, as property owners, were awarded $200 for land taken and $6,650 for damages. Appellant urges that: (1) the damages are excessive; (2) the opinion evidence as to value was not properly substantiated; (3) the jury was erroneously permitted to consider the closing of the Oak Grove Road as an item of damage; (4) the...

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