GOETZ v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


438 S.W.2d 86 (1969)

Leo August GOETZ et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

January 31, 1969.


Attorney(s) appearing for the Case

Morton Holbrook, William E. Gary, III, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellants.

John B. Breckinridge, Atty. Gen., Frankfort, M. T. Quinton, Jr., Dept. of Highways, Madisonville, Don Duff, Robert J. Rieckhoff, Dept. of Highways, Frankfort, Robert M. Short, Humphreys, Jones & Short, Owensboro, for appellee.


DAVIS, Commissioner.

In this condemnation proceeding the landowners seek reversal on the charged errors that (1) the trial court erroneously denied appellants' right to take the deposition of an expert witness for appellee upon discovery; and (2) the evidence of the expert witness did not have sufficient probative value to sustain the jury's verdict.

In due form the appellants undertook to take the deposition upon discovery of O. H. Snyder, professional real...

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