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COMMONWEALTH, DEPT. OF HIGHWAYS v. SOUTHARD

438 S.W.2d 338 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Preston SOUTHARD et al., Appellees.

Court of Appeals of Kentucky.

February 28, 1969.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., C. E. Skidmore, Dept. of Highways, Frankfort, L. A. Faurest, Faurest & Collier, Elizabethtown, for appellant.

Clarence Bartlett, Woodward, Bartlett & McCarroll, W. Mallam Lake, Lake & Bratcher, Hartford, for appellees.

MONTGOMERY, Chief Justice.

Preston Southard et al. received a verdict of $6,656.01 for the surface owners and $27,657.31 for the owners of the coal under the land against the Commonwealth of Kentucky, Department of Highways, in a condemnation proceeding. The Department appeals from the judgment entered thereon and assigns several errors.

The appellant complains that the instructions given were not in conformity with the rule announced in Commonwealth, Department...

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