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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. STOCKER

423 S.W.2d 510 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Alma W. STOCKER, widow et al., Appellees.

Court of Appeals of Kentucky.

January 12, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, D. G. Lynn, Boehl, Stopher, Graves & Deindoerfer, Lexington, Phillip K. Wicker, Somerset, for appellant.

George T. Ross, John W. Palmore, Richmond, for appellees.

STEINFELD, Judge.

The Commonwealth condemned 11.75 acres and a temporary easement of the Stocker farm for the construction of a portion of the limited access Interstate Highway 75. In county court the appellees were awarded $24,550.00 and both parties appealed. The circuit court jury found that the owners were entitled to recover $76,425.00. This appeal is from the judgment entered pursuant to that verdict. We reverse.

The Stockers were the owners of a gently...

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