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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. MARTIN

465 S.W.2d 302 (1971)

COMMONWEALTH of Kentucky DEPARTMENT OF HIGHWAYS, Appellant, v. Eva Grace MARTIN et al., Appellees.

Court of Appeals of Kentucky.

April 2, 1971.

Attorney(s) appearing for the Case

Don Duff, General Counsel, Dept. of Highways, Frankfort, Harvey G. Ershig, Dept. of Highways, Madisonville, for appellant.

J. Gordon Lisanby, Princeton, for appellees.

DAVIS, Commissioner.

In this condemnation proceeding the jury fixed "before" value at $50,000, "after" value at $41,500, resulting in a verdict for $8,500. The lowest "after" value expressed by any appraisal witness was $43,250. The condemnor's motion for new trial was sustained by the trial court upon the authority of such decisions as Commonwealth, Department of Highways v. Wynn, Ky., 396 S.W.2d 798<...

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