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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SWIFT

404 S.W.2d 467 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. C. C. SWIFT et al., Appellees.

Court of Appeals of Kentucky.

June 24, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Madisonville, for appellant.

B. C. Green (Green & Connor), D. C. Brodie, Owensboro, for appellees.

MILLIKEN, Judge.

This appeal is a sequel to Commonwealth of Kentucky, Department of Highways v. Swift (1963), Ky., 375 S.W.2d 691, where we reversed a $12,075 judgment rendered for the property owners because the jury was informed of the $10,300 recommendation by the commissioners in the County Court for the taking of the same property. In the second trial judgment was entered on a verdict for $13,020 which is the judgment now appealed...

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