COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SHEPHERD


392 S.W.2d 58 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Malcolm D. SHEPHERD 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.

In this condemnation action the appellees were awarded $3,000; the Department of Highways seeks to reverse the judgment on these grounds: (1) Error in allowing witnesses for appellees to give value testimony based upon irrelevant and noncompensable factors; (2) error in permitting improper statements and arguments of counsel for appellees; (3) the verdict is excessive and not supported by competent and relevant evidence.

The property involved...

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