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COMMONWEALTH, DEPT. OF HIGHWAYS v. DELOTEUS

444 S.W.2d 743 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Leonard DELOTEUS and Dorothy Deloteus, his wife and Prudential Life Insurance Company of America, Mortgagee, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 10, 1969.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Acting Gen. Counsel, Dept. of Highways, Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

Jerry Moore, Bell, Orr & Reynolds, Bowling Green, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment awarding Leonard Deloteus and wife $5,750 as damages in the condemnation of a strip of land seven feet deep along the 100-foot frontage of the Deloteuses' residential property in Bowling Green. The claims of error are that the court permitted increase in traffic to be used as an element of damages and that the verdict is...

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