COMMONWEALTH DEPARTMENT OF HIGHWAYS v. CALLIHAN


391 S.W.2d 374 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. H.M. CALLIHAN et al., Appellees.

Court of Appeals of Kentucky.

May 28, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Phillip K. Wicker, Department of Highways, Somerset, Eugene Clark, Department of Highways, Manchester, for appellant.

H.M. Sutton, Sutton & Martin, Corbin, for appellees.


WADDILL, Commissioner.

In this condemnation proceeding to obtain right of way for the relocation of U S 25-E about four miles south of Barbourville, the appellee-landowners were awarded $9,000. The Commonwealth urges that the judgment should be reversed for lack of sufficient competent evidence to support it and because of prejudicial argument to the jury.

The appellees owned a 44.15 acre tract of land fronting on U S 25-E. By this action the Commonwealth...

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