COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SELLERS


421 S.W.2d 581 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Howard E. SELLERS, a Widower, Appellee.

Court of Appeals of Kentucky.

December 1, 1967.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort; Strother Kiser, William O. Gilbreath, Lexington, for appellant.

William P. Curlin, Jr., Louis Cox, Hazelrigg & Cox, Frankfort, for appellee.


STEINFELD, Judge.

For the construction of the Blue Grass Parkway the Commonwealth condemned 26.14 acres of land in fee and 1.61 acres for a drainage easement. The Commonwealth has appealed from a judgment awarding Sellers $45,402.00. It claims that the verdict was "monstrously and shockingly excessive" and that certain testimony should have been stricken. We affirm.

Prior to the taking Sellers owned a highly productive farm shaped something like an equilateral...

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