FLYNN v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


428 S.W.2d 24 (1968)

Lewis B. FLYNN et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 14, 1968.


Attorney(s) appearing for the Case

Michael A. Rowady, Winchester, for appellants.

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., C. E. Skidmore, Frankfort, for appellee.


CLAY, Commissioner.

In this highway condemnation case the Commonwealth took approximately nine acres of appellants' 97-acre farm-land tract. It is located on the outskirts of Winchester and had potential adaptability for commercial, industrial and residential use. The jury awarded appellants $21,500. They appeal, claiming the trial court erred in giving an instruction and in ruling on the admissibility of evidence.

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