Commonwealth, Department of Highways v. Terry

DAVIS, Commissioner.

The Department of Highways seeks reversal of a judgment awarding $11,287 to the appellees incident to condemnation of 9.7 acres from appellees’ farm. The sole question presented is whether the verdict and ensuing judgment are supported by competent, relevant evidence of sufficient probative value. The trial was prior to the opinion of this court in Commonwealth, Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844.

Before the taking the farm of appellees contained about 140 acres. Twenty acres of the tract were already separated from the main body of the farm by U. S. Highway…