COMMONWEALTH v. BATTS


433 S.W.2d 659 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jerdon T. BATTS et al., Appellees.

Court of Appeals of Kentucky.

November 1, 1968.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, George B. Baker, Jr., Rhoads & Baker, Henderson, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.


DAVIS, Commissioner.

In this condemnation proceeding a jury found the before value of appellees' property as $37,500, its after value as $22,000, resulting in a verdict of $15,500. The Department of Highways appeals from the judgment entered on that verdict, asserting that the verdict is so palpably excessive as to appear to have been given under the influence of passion and prejudice and in disregard of the evidence and instructions.

Appellees owned a rectangularly...

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