Legal Opinion

Commonwealth, Department of Highways v. Brumback

Court of Appeals of Kentucky

Decided April 19, 1974Published

1Opinion of the Court

STEINFELD, Justice.

From a judgment in a condemnation case the Commonwealth appeals, complaining that the instructions were erroneous. They established the maximum and minimum limits the jury could find as the value of the appellees’ property before and after some of it was taken. We held in Commonwealth, Department of Highways v. Spillman, Ky., 489 S.W.2d 811, 814 (1973), that this type of instruction should not be given but that the Commonwealth was not prejudiced because “ * * * the jury was not confused as the values it determined were neither the maximum nor minimum amounts mentioned in…

2Cases cited3 opinions

  1. Commonwealth, Department of Highways v. PriestCourt of Appeals of Kentucky (pre-1976) · 1965
  2. Commonwealth, Department of Highways v. SpillmanCourt of Appeals of Kentucky · 1973
  3. Commonwealth, Department of Highways v. CampbellCourt of Appeals of Kentucky · 1974

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