Legal Opinion

Commonwealth, Department of Highways v. Denny

Court of Appeals of Kentucky (pre-1976)

Decided December 18, 1964PublishedCited by 24 opinions

1Opinion of the Court

DAVIS, Commissioner.

The Commonwealth of Kentucky, Department of Highways (hereinafter referred to as Department), appeals from a judgment of the Fayette Circuit Court awarding $40,-511 to appellees incident to this condemnation proceeding.

Three bases for reversal are urged: (1) error in permitting witnesses for the landowners to base their damage estimates on the premise that access to the highway was being taken; (2) error in permitting landowner’s witnesses to introduce and testify from exhibits which did not accurately show the condition of the land at time of taking; and (3) the verdict…

2Cases cited9 opinions

  1. Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
  2. People v. AyonCalifornia Supreme Court · 1960
  3. Carazalla v. StateWisconsin Supreme Court · 1955
  4. State v. ENSLEYIndiana Supreme Court · 1960
  5. Commonwealth, Department of Highways v. CarlisleCourt of Appeals of Kentucky (pre-1976) · 1962

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. High Horizons Dev. v. Dept. of Transp.Supreme Court of New Jersey · 1990
  2. Iske v. Metropolitan Utilities District of OmahaNebraska Supreme Court · 1968
  3. Commonwealth, Department of Highways v. ClaypoolCourt of Appeals of Kentucky (pre-1976) · 1966
  4. Commonwealth, Department of Highways v. CarlisleCourt of Appeals of Kentucky (pre-1976) · 1969
  5. Commonwealth, Department of Highways v. ClevelandCourt of Appeals of Kentucky (pre-1976) · 1966

19 more not listed; retrieve them via the Exa API.

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