COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RILEY


414 S.W.2d 885 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Byron B. RILEY and Hazel Mae Riley, wife, Appellees.

Court of Appeals of Kentucky.

May 5, 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.

Walter Patrick, Lawrenceburg, W. Earl Dean, Dean & Dean, Harrodsburg, for appellees.


HILL, Judge.

The Commonwealth appeals a judgment for $13,126 for 12.28 acres taken out of appellees' 113-acre farm for use in the construction of the Bluegrass Parkway.

Three claimed errors are assigned as justification for reversing the judgment. First, the amount of the verdict is excessive; second, the comparable sales relied on by the landowners' witnesses are not comparable to the subject property; and third, the trial court erred in refusing to exclude...

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