Commonwealth v. Howard

MILLIKEN, Judge.

The Department of Highways has appealed this $5,000 judgment for 1.23 acres condemned for the construction of the Eastern Kentucky Turnpike on the ground that it was entitled to a directed verdict or judgment non obstante veredicto because there was insufficient evidence of probative value to support the verdict. Both the Department and the landowners had appealed the $2,000 judgment of the County Court for the taking of the property. The land taken was hill land on which a 3-room frame tenant house was situated.

The only competent appraisal witness for the landowners estimated…