COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROGERS


399 S.W.2d 706 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Clarence ROGERS et al., Appellees.

Court of Appeals of Kentucky.

November 19, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Deddo G. Lynn, Dept. of Highways, John E. Smith, Dept. of Highways, Lexington, for appellant.

E. F. Prichard, Jr., Frankfort, Clay Shackelford, Shackelford, Burnam & Thompson, Richmond, for appellees.


CLAY, Commissioner.

This is a condemnation case, tried prior to our decision in Com., Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844, in which the jury awarded the landowners $7,500 for land taken and $20,000 as damages to the remainder. The Commonwealth appeals principally on the grounds that the damages were excessive and were based upon incompetent evidence. We agree.

The property involved is an eight-acre tract of...

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