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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BAUMAN

468 S.W.2d 315 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ada BAUMAN, Executrix of the Estate of Fred F. Bauman, Deceased, Appellee.

Court of Appeals of Kentucky.

May 28, 1971.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, Jack M. Lowery, Jr., Robert A. Becht, Louisville, for appellant.

Marshall B. Woodson, Jr., Woodson, Barker & Durning, Louisville, for appellee.

VANCE, Commissioner.

In this condemnation proceeding the jury fixed the "before value" at $40,000.00, the "after value" at $26,000.00 and awarded the landowner the sum of $14,000.00. The "after value" fixed by the jury was $2,000.00 less than the amount fixed by any witness and consequently the verdict was not supported by the evidence. Commonwealth, Department of Highways v. Brooks, Ky., 436 S.W.2d 499 (1969); Commonwealth, Department...

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