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COMMONWEALTH v. SNYDER

309 S.W.2d 351 (1958)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ellene SNYDER, Appellee.

Court of Appeals of Kentucky.

January 24, 1958.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., T. W. Johnson, Asst. Atty. Gen., for appellant.

Byron, Sandidge & Holbrook, Owensboro, for appellee.

CLAY, Commissioner.

This is a condemnation proceeding brought by the Commonwealth under the provisions of KRS 177.081 to 177.089. The appellee landowner was awarded $6,300 damages for the taking of two parcels of land after a jury trial in the circuit court. The Commonwealth asks reversal on the grounds: (1) the trial court improperly awarded the burden of proof to the landowner, and (2) the damages are excessive.

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