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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. COLE

437 S.W.2d 736 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mattie COLE, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 21, 1969.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Eugene H. Clark, Robert E. Cato, Manchester, for appellant.

Charles G. Cole, Cole & Cole, H. M. Tye, Barbourville, for appellee.

CLAY, Commissioner.

In this highway condemnation case the landowner was awarded $12,000 for the taking of 3.73 acres from a 61-acre tract. Several errors are urged for reversal but we think one is dispositive of this appeal.

The trial judge sustained a motion to strike the testimony of both the Commonwealth's expert appraisal witnesses. The competency of the testimony of only one of them is here involved. This witness was a

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