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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. DENNIS

408 S.W.2d 444 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Harold L. DENNIS et al., Appellees.

Court of Appeals of Kentucky.

November 11, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, L. A. Faurest, Frankfort, Faurest & Collier, Tildon H. McMasters, Elizabethtown, for appellant.

J. Smith Barlow, Jr., Bardstown, for appellees.

PALMORE, Chief Justice.

The state highway department appeals from a judgment awarding appellees, Harold and William Dennis, $40,350 in a land condemnation case. It makes two contentions, (1) that the trial court erred in permitting Harold Dennis to testify that after the taking it would no longer be feasible for the remaining property to be used as a dairy or stock farm, and (2) that the award was excessive.

The affected property consisted of a 161-acre farm...

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