COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. MARTIN


392 S.W.2d 64 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Neva MARTIN, widow, et al., Appellees.

Court of Appeals of Kentucky.

June 25, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Phillip K. Wicker, Somerset, for appellant.

Charles G. Cole, Jr., Barbourville, for appellees.


DAVIS, Commissioner.

The Department of Highways asks the reversal of a judgment awarding appellees $7500 in this condemnation suit. No brief has been filed in behalf of appellees. Pursuant to RCA 1.260(c) (2) we reverse the judgment, since appellant's brief reasonably appears to sustain such action.

As there likely will be another trial we direct attention to certain areas of error which occurred at the first trial and which should be avoided upon another...

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