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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. NAPIER

387 S.W.2d 861 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Burnett W. NAPIER 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., George P. Stavros, Frankfort, Reed D. Anderson, Atty., Madisonville, for appellant.

H. B. Noble, Hazard, for appellees.

DAVIS, Commissioner.

In this condemnation proceeding the Department of Highways is acquiring portions of two lots owned by the appellees. The Department prosecutes this appeal, seeking to overturn the trial court's judgment for $25,000 in favor of the appellees, premised upon two assignments of error: (1) the verdict is excessive and unsupported by sufficient evidence of probative value, and (2) the trial court erred in failing to strike testimony reflecting that...

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