COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. JOHNSON


403 S.W.2d 691 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. G. D. JOHNSON et ux., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 1, 1966.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

J. Granville Clark, James C. Lyne, Russellville, for appellees.


HILL, Judge.

This appeal is from a $5,000 verdict and judgment in a condemnation proceeding to acquire .22 of an acre in fee and .09 of an acre for a permanent easement to be used in the improvement of US 68 in Logan County.

Assigned as grounds for reversing the judgment are the following arguments: (1) it was prejudicial error for the trial court, on motion of appellees, to direct a new appraisal after appellant alone had appealed from the county court judgment...

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