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COMMONWEALTH, DEPT. OF HIGHWAYS v. WALKER

496 S.W.2d 344 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mrs. Helen WALKER, widow, Appellee.

Court of Appeals of Kentucky.

June 15, 1973.

Attorney(s) appearing for the Case

Carl T. Miller, Jr., Gen. Counsel, Dept. of Highways, Frankfort, Theodore H. Lavit, Lavit & Blandford, Lebanon, James E. Arehart, Lexington, for appellant.

Pierce Lively, Lively & Rodes, Danville, for appellee.

PALMORE, Chief Justice.

Incident to the construction of a by-pass highway around the city of Danville the state highway department condemned approximately 10 acres of the appellee's 125-acre farm located on the west side of U. S. Highway 150 some 2½ miles south of the city. The department appeals from an award of $18,000.

The first complaint is that the trial court erred in permitting the jury to view the premises after they had been substantially changed...

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