COMMONWEALTH, DEPT. OF HIGHWAYS v. MARSHALL


452 S.W.2d 404 (1970)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William Gene MARSHALL and Joann W. Marshall, His Wife, et al., Appellees.

Court of Appeals of Kentucky.

March 27, 1970.


Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, Rhodes Bratcher, Bratcher, Cooper & Flaherty, Owensboro, for appellant.

Charles B. West, Walker & West, Henderson, for appellees.


EDWARD P. HILL, Jr., Chief Justice.

In this condemnation case instituted to acquire 20.135 acres from appellees' farm, three miles south of the city of Henderson, the appellant's only argument is that certain photographs were incompetent and admitted over its objections, and "because of the admission of these incompetent and irrelevant exhibits, and passion and prejudice on the part of the jury, appellees received a substantially higher verdict than should have been...

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