COMMONWEALTH, DEPT. OF HIGHWAYS v. McGEORGE


369 S.W.2d 126 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Howard McGEORGE, Sr., et al., Appellees.

Court of Appeals of Kentucky.

June 28, 1963.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Phillip K. Wicker, Somerset, for appellant.

J. C. Helton, Pineville, for appellees.


PALMORE, Judge.

The Highway Department appeals from a judgment entered pursuant to a jury verdict in a condemnation proceeding awarding Howard McGeorge and wife $2,000 for 78 acres taken from their 9.8-acre tract of land and $1,000 for damages to the remainder by reason of the taking.

The tract in question fronts about 600 feet on the south side of U. S. Highway 119 in Bell County and runs back a depth of some 880 feet to the Cumberland River. It is bottom...

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