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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. TERRY

387 S.W.2d 281 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. R. C. TERRY et al., Appellees.

Court of Appeals of Kentucky.

February 19, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Harold K. Huddleston, Elizabethtown, for appellant.

Hatcher & Lewis, Elizabethtown, for appellee.

DAVIS, Commissioner.

The Department of Highways seeks reversal of a judgment awarding $11,287 to the appellees incident to condemnation of 9.7 acres from appellees' farm. The sole question presented is whether the verdict and ensuing judgment are supported by competent, relevant evidence of sufficient probative value. The trial was prior to the opinion of this court in Commonwealth, Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844

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