COMMONWEALTH, DEPT. OF HIGHWAYS v. ADAMS


388 S.W.2d 569 (1965)

COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellant, v. Monroe ADAMS et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

Scott Collins, Prestonsburg, for appellees.


DAVIS, Commissioner.

The appellees were awarded $9,000 by verdict and judgment in this condemnation action; the Department of Highways seeks to reverse the judgment upon these grounds: (1) The appeal to circuit court from county court was not timely; (2) witnesses for appellees gave incompetent evidence and used irrelevant factors and non-compensable items as bases for appraisal; (3) evidence of double damages was allowed; (4) the verdict is excessive.

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