COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. COMBS


464 S.W.2d 804 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Luther COMBS, and Bertha Combs, His Wife, Appellees.

Court of Appeals of Kentucky.

March 19, 1971.


Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Kenneth S. Baker, Dept. of Highways, Jackson, for appellant.

Bruce Stephens, Jr., Duff Arnett, Hazard, for appellees.


CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment awarding Luther Combs and wife $12,500 as damages for the taking by condemnation, for highway purposes, of a portion of a tract of land in Perry County owned by the Combses.

The primary contention of the appellant department is that the trial court erred in refusing to admit certain testimony offered by the department, which it claims would have shown an enhancement...

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