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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SMITH

413 S.W.2d 72 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. D. W. SMITH et al., Appellees.

Court of Appeals of Kentucky.

March 24, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty.Gen., H. C. Smith, Sp. Asst. Atty. Gen., Frankfort, Reed D. Anderson, Madisonville, Robert A. Becht, Louisville, for appellant.

Wells T. Lovett, Kenneth B. Kusch, Lovett, Howard & Moreman, John B. Anderson, Owensboro, for appellees.

STEINFELD, Judge.

For the purpose of reconstructing a portion of U.S. Highway 60 near the city of Owensboro the Commonwealth, through the Department of Highways, sued to condemn land owned by appellees. From a judgment in the amount of $48,500.00 the Commonwealth appeals. It is claimed that the award was excessive; that it is not supported by evidence of probative value and that incompetent evidence was before the jury....

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