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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BROWN

392 S.W.2d 50 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Troy BROWN et al., Appellees.

Court of Appeals of Kentucky.

June 18, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

Joe Hobson, Prestonsburg, for appellees.

DAVIS, Commissioner.

The Department of Highways appeals from the judgment awarding appellees $6,000 in this condemnation suit. Two bases for reversal are asserted: (1) The court erred in permitting incompetent evidence, and (2) the verdict is excessive.

The land involved is a farm which contained about sixty acres before the taking. It lay on existing Ky. Highway 114 (Prestonsburg-Salyersville Road). The taking is of 3.74 acres of bottom land and encompasses...

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