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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HOPSON

396 S.W.2d 805 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Winthrop H. HOPSON, Jr., et al., Appellees.

Court of Appeals of Kentucky.

November 26, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Richard H. Peek, Dept. of Highways, Paducah, for appellant.

Ben B. Wright, Cadiz, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, condemned a strip of land across the farm of Winthrop Hopson and wife, between the dwelling and the barn, for an unlimited access highway. The result of the condemnation proceedings was a circuit court judgment awarding damages of $14,000, from which judgment the Commonwealth has appealed.

Over repeated objections the trial court permitted each of the witnesses for the landowners...

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