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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. GARRETT

447 S.W.2d 596 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Marshall GARRETT et al., Appellees.

Court of Appeals of Kentucky.

November 28, 1969.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, Robert A. Becht, Louisville, George F. Williamson, LaGrange, for appellant.

Louis T. Peniston, New Castle, for appellees.

CLAY, Commissioner.

In this condemnation case the Commonwealth contends on appeal that the verdict is palpably excessive and insufficiently supported by evidence of probative value.

Appellees own a 120-acre farm in Henry County, of which 13½ acres were taken for the construction of limited-access highway Interstate 71. In addition were taken the main residence and tenant houses, two barns and other improvements...

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