COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WOOTON


507 S.W.2d 451 (1974)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Don WOOTON and Alice Wooton, his wife, et al., Appellees.

Court of Appeals of Kentucky.

March 22, 1974.


Attorney(s) appearing for the Case

Carl T. Miller, C. E. Skidmore, Dept. of Highways, Frankfort, for appellant.

Burns, Maricle & Mitchell, Manchester, for appellees.


CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment awarding the appellee landowners $40,000 damages for property condemned for highway purposes. The condemnation took 1.74 acres from a tract of 3.4 acres. The judgment was based on a verdict finding the "before" value to be $80,000 and the "after" value to be $40,000.

The primary contention of the appellant is that the trial court committed prejudicial error...

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