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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RAMSEY

388 S.W.2d 610 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Frances Crafton RAMSEY et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, Reed D. Anderson, Madisonville, for appellant.

Charles B. West, Walker & West, Henderson, for appellees.

HILL, Judge.

This is the second appeal of this case. The first appeal was from a $6,569.00 judgment reversed March 8, 1963, for duplication of damages, by unreported opinion.

The second trial resulted in a verdict for $4,650.00 for land taken and $200.00 for temporary easement. Only the Commonwealth appeals from the second judgment.

Two grounds are urged for reversal. They are:

I. The portion of appellees' farm which fronted on highway 41...

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