COMMONWEALTH, DEPT. OF HIGHWAYS v. HOLBROOK


390 S.W.2d 897 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant. v. Roy HOLBROOK and Lorainne Holbrook, wife, Appellees.

Court of Appeals of Kentucky.

June 18, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Dept. of Highways, Prestonsburg, for appellant.

Cordell H. Martin, Hindman, Rudy Yessin, Edward L. Fossett, Frankfort, for appellees.


CLAY, Commissioner.

In this highway condemnation case the landowners were awarded $7,000 compensation for the taking of 3.11 acres from the back end of approximately 11 acres of overflow bottom land fronting on Kentucky Highway 114 and sloping back to Burning Fork Creek. The taking also severed .8 of an acre. Appellant questions the competency of appellees' evidence and contends the verdict is obviously excessive.

Three witnesses testified for appellees. One...

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