COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. AUSTIN


434 S.W.2d 813 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Earl T. AUSTIN and Kathleen Austin, his Wife, Appellees.

Court of Appeals of Kentucky.

December 6, 1968.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Acting Gen. Counsel, Dept. of Highways, Frankfort, M. T. Quinton, Jr., Madisonville, for appellant.

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


EDWARD P. HILL, Judge.

The verdict was for $29,000 for 9.783 acres condemned for use in the construction of the Pennyrile Parkway a limited-access highway. Also condemned was 0.045 of an acre for a drainage channel. Appellees' farm contained 81.5 acres before the taking.

Appellant contends the verdict is "palpably excessive, unsupported by evidence of sufficient probative value, and so unreasonable as to show that the jury rendered its verdict under the influence...

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