COMMONWEALTH, DEPT. OF HIGHWAYS v. PICKLESIMER


397 S.W.2d 159 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Boyd PICKLESIMER, Widower, 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., Frankfort, Jarvis Allen, Pikeville, for appellant.

Marcus Mann, Earl R. Cooper, Salyersville, for appellees.


CULLEN, Commissioner.

Appellees owned a 175-acre Magoffin County farm of which 20 acres were creekbottom land and the rest hillside. The improvements were modest. The state condemned, for highway purposes, about 10 acres of the bottom land, on which were a tobacco barn and three small outbuildings, and some six acres of hill land. The jury awarded damages of $30,000. From the judgment for that amount the Commonwealth, Department of Highways, has appealed.

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