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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. STATON

396 S.W.2d 766 (1965)

COMMONWEALTH of Kentucky DEPARTMENT OF HIGHWAYS, Appellant, v. Jennie STATON, Widow, Ashland Oil & Refining Co., Lessee, Appellees.

Court of Appeals of Kentucky.

December 3, 1965.

Attorney(s) appearing for the Case

Robert E. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Edmond H. Tackett, Pikeville, for appellant.

Kelsey E. Friend, Pikeville, John L. Ashworth, Ashland, for appellees.

DAVIS, Commissioner.

In this highway condemnation case the appellee, Jennie Staton, was awarded $4250 pursuant to the jury's verdict. The Department of Highways, appellant, presents three grounds for reversal: (1) The court erred in refusing to strike the testimony of an appraisal witness for appellee; (2) the court erred in admitting incompetent evidence; (3) the court erred in taking judicial notice of the qualifications of an appraisal witness for appellee.

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