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DEPARTMENT OF HIGHWAYS v. COREY

247 S.W.2d 389 (1952)

DEPARTMENT OF HIGHWAYS et al. v. COREY.

Court of Appeals of Kentucky.

March 21, 1952.

Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., Jo M. Ferguson, Asst. Atty. Gen., for appellants.

Hiram H. Owens, Barbourville, for appellee.

MILLIKEN, Justice.

Shortly after the filing of this appeal, our opinion in Commonwealth v. Kelley, 314 Ky. 581, 236 S.W.2d 695, was rendered and, while not decisive of the case at bar, it nevertheless affords the criteria for the determination of this appeal. The question is whether the State Highway Department, an arm of State sovereignty, is immune from an action sounding in tort where damage of such a nature has been inflicted...

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