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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ALLIE

391 S.W.2d 385 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mabel ALLIE, Widow, et al., Appellees.

Court of Appeals of Kentucky.

June 4, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., J. G. M. Robinson, Ashland, Walter Mobley, Flemingsburg, for appellant.

James Adkins, Catlettsburg, Bunyon S. Wilson, Jr., Ashland, for appellees.

MILLIKEN, Judge.

This appeal involves another highway condemnation proceeding for the construction of Interstate 64 in Boyd County. The Department of Highways concedes that there is sufficient evidence to sustain the award for the land actually taken — $2,348 for 19.79 acres — but contends that the $5,852 allowance for damage to the remainder is excessive. It is, because it exceeds the highest valuation by any of the witnesses. The amount of the verdict...

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