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COMMONWEALTH, DEPT. OF HIGHWAYS v. CRAWFORD

473 S.W.2d 153 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Thomas W. CRAWFORD et al., Appellees.

Court of Appeals of Kentucky.

November 19, 1971.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Tyler C. Bourne, James D. Robinson, Paducah, for appellant.

Malcolm R. Boaz, Boaz & Boaz, Mayfield, Ray B. Buckberry, Jr., Bell, Orr & Reynolds, Bowling Green, for appellees.

DAVIS, Commissioner.

In this condemnation proceeding the jury returned a verdict for the appellees for $4,275, based upon its finding that the before value of the property was $35,550 and the after value was $31,275. In seeking reversal the Department of Highways asserts that prejudicial error occurred in view of the fact that the jury's finding of $31,275 as the after value of the property was $1,275 in excess of the highest after value fixed by any witness for either...

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