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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. GIBSON

461 S.W.2d 65 (1970)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. E. E. GIBSON et al., Appellees.

Court of Appeals of Kentucky.

December 4, 1970.

Attorney(s) appearing for the Case

Don Duff, General Counsel, Highway Dept., Frankfort, Harvey G. Ershig, Madisonville, George E. Stigger III, Perdue & Stigger, Henderson, for appellant.

William M. Deep, King, Deep, Branaman & Hunt, Henderson, for appellees.

EDWARD P. HILL, Jr., Chief Justice.

The Commonwealth of Kentucky, Department of Highways, is appealing from a judgment awarded to appellees-landowners in the amount of $18,000 as damages for property condemned for highway purposes. The appellant contends that the verdict is palpably excessive under the "first blush" rule and is not sufficiently supported by evidence of probative value.

From appellees' 41.34 acres of gently rolling farm land, located on Kentucky...

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