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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HOWARD

405 S.W.2d 20 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Lawrence Gray HOWARD et al., Appellees.

Court of Appeals of Kentucky.

July 1, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, C. E. Skidmore, Frankfort, for appellant.

Earl R. Cooper, Marcus Mann, Salyersville, for appellees.

MILLIKEN, Judge.

The Department of Highways has appealed this $5,000 judgment for 1.23 acres condemned for the construction of the Eastern Kentucky Turnpike on the ground that it was entitled to a directed verdict or judgment non obstante veredicto because there was insufficient evidence of probative value to support the verdict. Both the Department and the landowners had appealed the $2,000 judgment of the County Court for the taking of the property. The land taken...

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