COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROBERTS


390 S.W.2d 155 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Luther F. ROBERTS et al., Appellees.

Court of Appeals of Kentucky.

May 7, 1965.


Attorney(s) appearing for the Case

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

C. Homer Neikirk, Somerset, for appellees.


DAVIS, Commissioner.

Appellees obtained judgment, pursuant to the jury's verdict, for $11,000 as the compensation due them incident to this highway condemnation action. The appellant Department of Highways assails the judgment (1) as palpably excessive and unsupported by sufficient evidence of probative value, and (2) because witnesses for appellees recited value estimates computed from irrelevant measures of damage.

The right-of-way taken is for reconstruction...

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