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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SHIELDS

411 S.W.2d 476 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sue H. SHIELDS, Widow et al., Appellees.

Court of Appeals of Kentucky.

February 10, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Robert J. Beale, Frankfort, Tildon H. McMasters, Elizabethtown, for appellant.

W. R. Gentry, Jr., Bardstown, for appellees.

CLAY, Commissioner.

Appellant Highway Department condemned approximately 15 acres of appellees' 262-acre farm in Nelson County. This resulted in landlocking an additional 15 acres of tillable land. The jury awarded appellees $11,000.

Appellant's first contention is that the court should have stricken the testimony of two of appellees' witnesses (one of whom was the landowner) on the ground that these witnesses,...

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