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COMMONWEALTH, DEPT. OF HIGHWAYS v. BRUMBACK

510 S.W.2d 5 (1974)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ransom J. BRUMBACK et al., Appellees.

Court of Appeals of Kentucky.

April 19, 1974.

Attorney(s) appearing for the Case

Carl T. Miller, Jr., Gen. Counsel, Dept. of Highways, Frankfort, Robert Lee Hall, Dept. of Highways, Covington, for appellant.

Charles E. Carter, Owenton, for appellees.

STEINFELD, Justice.

From a judgment in a condemnation case the Commonwealth appeals, complaining that the instructions were erroneous. They established the maximum and minimum limits the jury could find as the value of the appellees' property before and after some of it was taken. We held in Commonwealth, Department of Highways v. Spillman, Ky., 489 S.W.2d 811, 814 (1973), that this type of instruction should not be given but that...

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