COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. TEATER


397 S.W.2d 137 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Pattie J. TEATER et al., Appellees.

Court of Appeals of Kentucky.

December 17, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., John E. Smith, Lexington, for appellant.

Henry C. Cox and Eagle & Cox, Lancaster, for appellees.


PALMORE, Judge.

This is a highway condemnation proceeding in which the state appeals from a judgment awarding the landowners $7,500 for a 4.69-acre strip extending through the middle of their 166-acre farm.

The arguments in support of the appeal are (1) that the trial court erred in refusing to strike the testimony of Hogan Teater, one of the owners, and of C. M. Hulette, another witness; (2) that the state was prejudiced when counsel for the owners in his...

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