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COMMONWEALTH, DEPT. OF HIGHWAYS v. MONTGOMERY

442 S.W.2d 288 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Curtis MONTGOMERY et al., Appellees.

Court of Appeals of Kentucky.

May 16, 1969.

Attorney(s) appearing for the Case

John Breckinridge, Atty. Gen., Don Duff, Acting Gen. Counsel, Dept. of Highways, Frankfort, John J. Blackburn, Dept. of Highways, Covington, for appellant.

William G. Reed, Carrollton, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, is appealing from a judgment which awarded the appellee landowners $55,000 as damages for property taken by condemnation for highway purposes. The department maintains that the verdict is excessive under the "first blush" test and is not supported by evidence of sufficient probative value.

The case involves farm property. The appellees'...

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