COMMONWEALTH, DEPT. OF HIGHWAYS v. THORNBURY


399 S.W.2d 728 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mae Arnett Preston THORNBURY et al., Appellees.

Court of Appeals of Kentucky.

February 25, 1966.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Foster J. Collis, Jackson, for appellant.

George Chad Perry, III, Paintsville, Marcus Mann, Salyersville, for appellees.


PALMORE, Judge.

The Commonwealth appeals from an award of $3000 for the condemnation of 1.54 acres of the appellee Mae Thornbury's land.

Three valuation witnesses appeared for the landowner. The testimony of one was stricken, and the Commonwealth contends (1) that the evidence of the other two also should have been stricken and (2) that a mistrial should have been declared when one of the landowner's witnesses suggested the existence of an oil and gas lease...

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