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COMMONWEALTH, DEPT. OF HIGHWAYS v. OSBORNE

387 S.W.2d 854 (1965)

COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellant, v. J. Spencer OSBORNE, Jr., et al., Appellees.

Court of Appeals of Kentucky.

March 5, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Harold K. Huddleston, Elizabethtown, Reed D. Anderson, Madisonville, for appellant.

E. E. Hubbard (Fulton & Hubbard), Bardstown, for appellees.

DAVIS, Commissioner.

The Department of Highways appeals from the judgment of $3,700 awarded appellees upon a jury's verdict in this condemnation proceeding. The Department urges that the evidence lacks sufficient probative value to support the verdict, and that the verdict is excessive.

The tract involved is located on the south side of U. S. Highway 62, about a mile west of Bardstown. The original boundary contained about ten acres, upon which was situated...

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