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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. DALE

421 S.W.2d 864 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Roy DALE et al., Appellees.

Court of Appeals of Kentucky.

December 15, 1967.

Attorney(s) appearing for the Case

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

Davis Williams, Munfordville, for appellees.

DAVIS, Commissioner.

The Department of Highways appeals from a judgment awarding the appellees $21,550 in this condemnation proceeding. Three bases for reversal are presented: (1) Some of the witnesses for appellees "price tagged" elements of damage and considered noncompensable factors in arriving at values; (2) witnesses for appellees lacked qualifications to offer expert testimony in the case; and (3) the verdict is excessive and unsupported by evidence of probative...

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