Commonwealth, Department of Highways v. Brubaker

PALMORE, Judge.

On motion made and granted pursuant to KRS 21.060(2) the Commonwealth appeals from a judgment entered on a verdict awarding the appellees $2,5381 in a land condemnation case.

The first complaint is that the three ■ persons who served as commissioners to fix the damages in county court, appearing as witnesses for the landowners at the trial in circuit court, testified to the amount they awarded in county court. Such testimony is, of course, incompetent as evidence in chief, but we need not consider either its competence or possibility of prejudicial effect in this case, because…