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Commonwealth, Department of Highways v. Knight

Court of Appeals of Kentucky
Mar 12, 1965
388 S.W.2d 120 (Ky. Ct. App. 1965)

Opinion

March 12, 1965.

Appeal from the Larue Circuit Court, W.R. Gentry, J.

John B. Breckinridge, Atty Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Reed D. Anderson, Atty., Madisonville, Harold K. Huddleston, Elizabethtown, for appellant.

Paul M. Lewis, Hatcher Lewis, Elizabethtown, for appellees.


The highway department appeals from a $5,000 condemnation award to the appellee Dorothy Knight for about 10 acres taken from the back of her 47-acre farm in Larue County.

The case came to the Larue Circuit Court on the landowner's appeal from a county court judgment in the amount of $2,260. Hence the amount in controversy here is $2,740, and the department's appeal as a matter of right is technically proper. However, we note that none of its witnesses estimated the owner's loss at less than $2,600, which means that the amount actually in controversy here is $2,400 at most. If the appeal were before us on a motion under KRS 21.080 we would overrule it. As it is, we have reviewed the record and find no error.

Judgment affirmed.


Summaries of

Commonwealth, Department of Highways v. Knight

Court of Appeals of Kentucky
Mar 12, 1965
388 S.W.2d 120 (Ky. Ct. App. 1965)
Case details for

Commonwealth, Department of Highways v. Knight

Case Details

Full title:COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Dorothy…

Court:Court of Appeals of Kentucky

Date published: Mar 12, 1965

Citations

388 S.W.2d 120 (Ky. Ct. App. 1965)