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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. EAVES

388 S.W.2d 573 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Paul EAVES et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., C. E. Skidmore, Department of Highways, Frankfort, for appellant.

B. R. Paxton, Jarvis, Cornette, Payton & Paxton, Greenville, for appellees.

WADDILL, Commissioner.

This is a condemnation case wherein the Department of Highways acquired .41 of an acre from a 1.5 acre tract used by appellees as a salvage yard. This land is located near Central City with frontage on U. S. Highway #62. Upon trial in the circuit court the landowner was awarded $10,000; $2500 for the land taken and $7500 as damages to the remainder.

For reversal of the judgment accordingly entered it is argued that the trial court erred...

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