COMMONWEALTH, DEPT. OF HYS. v. GIVENS BROTHERS, INC.


398 S.W.2d 867 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. GIVENS BROTHERS, INC., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 4, 1966.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., C. E. Skidmore, Highway Department, Frankfort, for appellant.

Pollard White, Hopkinsville, William M. Deep, Henderson, for appellees.


HILL, Judge.

This proceeding to condemn a portion of appellees' town lot in Hopkinsville, Kentucky, for use in rerouting U.S. 41, where Virginia Street intersects with North Main Street, resulted in a verdict and judgment for appellees of $10,000 for land actually taken, and $1200 for temporary use of an additional tract during construction. The state only appeals.

Only two grounds are argued for reversal, (1) that the trial court erred in overruling its motion...

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