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COMMONWEALTH v. KELLEY

236 S.W.2d 695 (1951)

COMMONWEALTH et al. v. KELLEY et al.

Court of Appeals of Kentucky.

February 6, 1951.

Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., C. J. Waddill, Jo M. Ferguson, Asst. Attys. Gen., for appellants.

Williams & Allen, G. C. Allen, Jackson, T. J. Arnett, Salyersville, for appellees.

CAMMACK, Chief Justice.

This appeal presents a situation in which the Commonwealth is sued by an individual property holder for injury to his land. In 1944, J. V. Kelley bought a house and lot in Salyersville, Kentucky, on the south side of Highway 460. Mr. Kelley conducted a funeral home on the premises, and also resided there. On the north side of the highway, opposite Kelley's house, there is a ditch or drainway. Water drains from a hill, which slopes to this ditch...

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