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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. JOHNS

421 S.W.2d 845 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Robert JOHNS et al., Appellees.

Court of Appeals of Kentucky.

December 8, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Tildon H. McMasters, Mark Anderson, Dept. of Highways, Elizabethtown, for appellant.

Davis Williams, Munfordville, for appellees.

WADDILL, Commissioner.

The Commonwealth appeals from a judgment awarding $17,300 as damages for the condemnation of 21.5 acres of land owned by appellees, Robert Johns and his wife. It is contended that the jury was permitted to consider incompetent evidence and that the verdict is excessive.

Prior to the initiation of this proceeding appellees owned and operated a 345-acre farm in Hart County. The land condemned was for the construction of a nonaccess highway...

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