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COMMONWEALTH, DEPT. OF HIGHWAYS v. CLEVELAND

432 S.W.2d 825 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Herbert CLEVELAND et al., Appellees.

Court of Appeals of Kentucky.

October 18, 1968.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Mark Anderson, Elizabethtown, for appellant.

E. E. Hubbard, John S. Kelley, Fulton, Hubbard & Kelley, Bardstown, for appellees.

CLAY, Commissioner.

This is a second appeal in a condemnation case. We have heretofore reversed a $6,000 judgment for the taking of a small strip of land, on the ground that it was not supported by evidence of probative value. Commonwealth, Dept. of Highways v. Cleveland, Ky., 407 S.W.2d 417. Upon a new trial the jury awarded $10,000, which the Commonwealth contends is palpably excessive and without credible evidentiary support...

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