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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SMITH

390 S.W.2d 194 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Archer O. SMITH 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, Richard H. Peek, Paducah, for appellant.

John C. Lovett, Lovett, Lovett & Lovett, Benton, for appellees.

DAVIS, Commissioner.

This is a second appeal in a highway condemnation action. The judgment on the first trial was reversed by this court in Com., Dept. of Highways v. Smith, Ky., 358 S.W.2d 487. The facts involved are amply stated in the first opinion and will not be reiterated.

Upon the second trial the jury awarded $18,000 to the appellees. Appellant seeks to reverse the ensuing judgment and presents two basic arguments...

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