Commonwealth, Department of Highways v. Lawton

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment awarding the appellees, Janie C. Lawton and husband, $30,090 as damages for the taking by condemnation of 20 acres from the appellees’ 118-acre farm. The main contention of the appellant is that the trial court committed prejudicial error in overruling motions to strike the testimony of various witnesses for the appellees because they improperly reached their “after” values by subtracting damage itemiza-tions from their “before” values.

On a previous trial the landowners had been awarded $37,541.…