Commonwealth, Department of Highways v. Prater

MONTGOMERY, Judge.

The Commonwealth of Kentucky, Department of Highways, appeals from a condemnation judgment in favor of Boyd P. Prater and his wife for $14,000 for land taken and $4,000 for damages to the remaining property. This case was tried pri- or to Commonwealth v. Sherrod, Ky., 367 S.W.2d 844. Appellant urges that the trial court erred in refusing to strike testimony because it was based on irrelevant factors and that part of the verdict is not supported by proof.

Appellees’ witness, Custer Jones, testified on cross-examination as follows:

“Q 12 Now what is your definition of market…