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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. MUSICK

400 S.W.2d 513 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ed MUSICK et ux., Appellees.

Court of Appeals of Kentucky.

March 11, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

Bennett F. Bratcher, Morgantown, B. M. Vincent, Brownsville, for appellees.

HILL, Judge.

This is an appeal from a verdict and judgment for $5,000 for 3.76 acres sought from appellees' 100-acre farm located six miles north of Brownsville to be used for the construction of the Nolin River Dam access road. The proceedings are authorized under Section 242 of the Constitution of Kentucky and KRS 177.081 et seq.

It is contended by appellant that: (1) incompetent evidence was admitted, (2) counsel for appellees was guilty of misconduct,...

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