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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WHEAT

387 S.W.2d 856 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. L. T. WHEAT et al., Appellees.

Court of Appeals of Kentucky.

March 5, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Atty., Madisonville, Harold K. Huddleston, Elizabethtown, for appellant.

Charles M. Summers, Campbellsville, for appellees.

DAVIS, Commissioner.

This appeal presents the contentions of the Department of Highways seeking to reverse a judgment in the sum of $10,000 in a condemnation action. The Department urges (1) that appellees were allowed to utilize evidence based upon incompetent and irrelevant factors of damage, and (2) that the verdict is grossly excessive and not supported by evidence of sufficient probative value.

The proceedings involve a lot in Campbellsville. Prior to...

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