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COMMONWEALTH, DEPT. OF HIGHWAYS v. GARDNER

388 S.W.2d 360 (1965)

COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellant, v. Paul W. GARDNER et al., Appellees.

Court of Appeals of Kentucky.

March 19, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Prestonburg, for appellant.

Rudy Yessin, Frankfort, Marcus Mann, Salyersville, J. K. Wells, Paintsville, P. H. Vincent, Ashland, Cordell H. Martin, Hindman, D. G. Boleyn, Hazard, Cassie J. Allen, Prestonsburg, for appellees.

DAVIS, Commissioner.

The appellees obtained judgment for $30,000 for lands acquired by the appellant in this condemnation action. The appellant Department of Highways presents three grounds for reversal: (1) The admission of incompetent and irrelevant evidence, (2) the verdict is excessive and not supported by sufficient evidence of probative value, and (3) an erroneous instruction was given.

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