COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BROOKS


436 S.W.2d 499 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. A. O. BROOKS et al., Appellees.

Court of Appeals of Kentucky.

January 24, 1969.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, M. T. Quinton, Jr., Madisonville, George B. Baker, Jr., Henderson, Robert Rieckhoff, Frankfort, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.


CLAY, Commissioner.

In this highway condemnation case the jury awarded $24,000 for the taking of 12½ acres from a 236-acre farm. It is necessary for us to consider only one of appellant's grounds for reversal.

The lowest after value fixed by the expert witnesses was $55,000. The jury verdict found that after value to be $53,000, $2,000 less than the lowest figure with respect to which there was expert testimony...

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