Commonwealth by State Highway Com. v. Combs

Opinion of the Court by

Judge Thomas

Reversing.

This condemnation action was filed in the county court of Perry county on April 26, 1928, by appellant and plaintiff below, state highway commission, in the name of the commonwealth, against appellees and defendants below, A. B. Combs et al., to condemn a right of way for state highway purposes across a tract of land owned by defendants in Perry county bordering on Kentucky river, and containing 200- acres. The strip sought to be condemned was 60 feet wide and 910 feet long (slightly more than one-sixth of a mile) and contained by actual estimate…