COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CAIN


434 S.W.2d 313 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Roy M. CAIN et al., Appellees.

Court of Appeals of Kentucky.

November 22, 1968.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Carl T. Miller, Jr., Frankfort, for appellant.

Earl R. Cooper, Marcus Mann, Salyersville, for appellees.


CLAY, Commissioner.

In this highway condemnation case the jury awarded the landowners $20,000 for about 12½ acres of land taken. The Commonwealth contends the award was palpably excessive and that certain evidence lacked probative value and should have been stricken.

Appellees owned an irregularly shaped 200-acre tract of land near Salyersville. Some of it was hilly but the right of way traversed some of the best bottom land. In constructing the road...

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