Commonwealth, Department of Highways v. Swift

MILLIKEN, Judge.

This appeal is a sequel to Commonwealth of Kentucky, Department of Highways v. Swift (1963), Ky., 375 S.W.2d 691, where we reversed a $12,075 judgment rendered for the property owners because the jury was informed of the $10,300 recommendation by the commissioners in the County Court for the taking of the same property. In the second trial judgment was entered on a verdict for $13,020 which is the judgment now appealed. This time the Department claims that the witnesses for the landowners based their estimates of damage upon irrelevant measures of value.

The land taken was…