COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. JEWELL


405 S.W.2d 678 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. W. T. JEWELL et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 16, 1966.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Tildon McMasters, Dept. of Highways, Elizabethtown, for appellant.

Chas. R. Richardson, Richardson & Goodman, Munfordville, for appellees.


HILL, Judge.

No part of appellees' 90-acre farm is taken by the construction of highway I-65 through Hart County, but their only access road, a gravel and dirt public passway, has been permanently obstructed by the building of I-65 without an overpass or underpass. The judgment entered on the verdict amounts to $6,500. The county court commissioners awarded $2,000.

For reversal appellant charges that (1) the trial court committed error in overruling its motion...

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