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COMMONWEALTH, DEPT. OF HWYS. v. STEPHENS ESTATE

502 S.W.2d 71 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Joseph STEPHENS ESTATE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 7, 1973.

Attorney(s) appearing for the Case

Carl T. Miller, Jr., Dept. of Highways, Frankfort, Rhodes Bratcher, Bratcher, Cooper & Flaherty, Owensboro, Perry M. Lewis, Madisonville, for appellant.

William E. Rummage, Beard, Rummage & Kamuf, Owensboro, William L. Wilson, Wilson & Wilson, Owensboro, for appellees.

CULLEN, Commissioner.

In this highway condemnation case the Department of Highways appeals from a judgment which awarded the property owners damages of $35,000. In reaching that award the jury fixed the "before" value of the land at $62,500 and the "after" value at $27,500. The highest "after" value attested to by any witness was $26,713, so the jury's "after" value was about $800 higher than the highest value authorized by the evidence. The Department of Highways...

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