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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. EBERENZ

435 S.W.2d 753 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Stephen C. EBERENZ, Jr., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 31, 1969.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, E. Preston Young, Raleigh O. Jones, Louisville, for appellant.

Marshall B. Hardy, Jr., Hardy, Logan & Tross, E. P. Sawyer, Louisville, Maye Briscoe Burns, Dept. of Revenue, Frankfort, for appellees.

WILLIAMS, Judge.

In this condemnation action a jury in the Jefferson Circuit Court awarded the appellees Stephen C. Eberenz and Doris M. Eberenz $14,785.00 as compensation for the acquisition of a portion of their property. In its appeal from the judgment entered on that verdict the Commonwealth has set out numerous alleged errors. We will discuss those points which were properly preserved and might recur on a new trial.

Appellees' property fronts Preston...

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