Commonwealth, Department of Highways v. Lanter

PALMORE, Judge.

This land condemnation case has been tried before three juries. The first awarded $24,418, the second $24,200 and the third $24,375. A judgment on the second verdict was reversed by this court for error in the rejection of certain evidence. See Commonwealth, Dept. of Highways v. Lanter, Ky., 364 S.W.2d 652 (1963).

The only issue raised on this appeal is whether the verdict was so excessive as to indicate that the jury acted under the influence of passion and prejudice and in disregard of the evidence.

*749The testimony of the landowners’ witnesses suggests that to some extent they…