Cincinnati, New Orleans & Texas Pacific Railway Co. v. Commonwealth, Department of Highways

MONTGOMERY, Judge.

The Cincinnati, New Orleans & Texas Pacific Railway Company appeals from a highway condemnation judgment by which it was awarded $11,877.75 for the taking of 8.07 acres of land. Appellant contends that the court erred in the admission and exclusion of testimony and in the refusal of an instruction.

The land in question is located on Crescent Springs Pike between Erlanger and Covington. It consisted of 24.4 acres of unimproved, uncultivated land. It was divided by appellant’s railroad right of way so that 18.84 acres were west of the railroad and 5.56 acres were east of it.…