COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ADKINS


396 S.W.2d 768 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Rose ADKINS et al., Appellees.

Court of Appeals of Kentucky.

December 3, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Phillip K. Wicker, Somerset, Eugene H. Clark, Manchester, for appellant.

J. B. Johnson, J. B. Johnson, Jr., R. L. Brown, Williamsburg, for appellees.


PALMORE, Judge.

This is a highway condemnation case in which the Commonwealth appeals from a judgment entered on a verdict awarding the appellees $10,000 as the diminution in value of their land by reason of the taking of 2.9 acres outright and a permanent easement over an additional .15 of an acre.

There is a conflict in the evidence as to whether the whole tract before the taking amounted to a total of 36 acres as called for by the deed or 20.58 acres as...

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