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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROBERTS

388 S.W.2d 604 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William R. ROBERTS 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., Frankfort, Thomas L. Withers, Mitchell & Withers, Henderson, for appellant.

William M. Deep, King, Deep & Branaman, Henderson, for appellees.

MONTGOMERY, Judge.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment in favor of William R. Roberts and wife awarding $1,000 for permanent right of way and $6,750 for damages to the remaining land. The case was tried prior to the decision in Commonwealth, Department of Highways v. Sherrod, Ky., 367 S.W.2d 844. The Commonwealth contends that the trial judge erred in admonishing the jury that it could award...

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