Commonwealth, Department of Highways v. Smith

DAVIS, Commissioner.

This is a second appeal in a highway condemnation action. The judgment on the first trial was reversed by this court in Com., Dept. of Highways v. Smith, Ky., 358 S.W.2d 487. The facts involved are amply stated in the first opinion and will not be reiterated.

Upon the second trial the jury awarded $18,000 to the appellees. Appellant seeks to reverse the ensuing judgment and presents two basic arguments: (1) That the trial court abused its discretion in terminating appellant’s cross-examination of an adverse witness, and (2) prejudicially erroneous testimony was admitted in…