COMMONWEALTH, DEPT. OF HIGHWAYS v. NELSON


441 S.W.2d 403 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Paul NELSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 27, 1969.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Dept. of Highways, Frankfort, M. T. Quinton, Jr., Madisonville, for appellant.

John W. Beard, Charles J. Kamuf, Beard, Rummage & Kamuf, Owensboro, for appellees.


DAVIS, Commissioner.

The Department of Highways appeals from a judgment awarding $40,000 to the appellees in a condemnation proceeding. It is urged that the verdict is palpably excessive and unsupported by evidence of probative value and that the court should have stricken certain testimony offered by appellees because of the witnesses' unfamiliarity with the effect of the taking.

Before the taking, the property in question was being used as a trailer park...

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