COMMONWEALTH v. SHOUSE


245 S.W.2d 441 (1952)

COMMONWEALTH ex rel. KECK, Commissioner of Highways, v. SHOUSE.

Court of Appeals of Kentucky.

January 18, 1952.


Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., C. J. Waddill, Jr., Asst. Atty. Gen., Jo M. Ferguson, Asst. Atty. Gen., J. D. Ruark, County Atty., Morganfield, for appellant.

King & Craig, Henderson, for appellee.


CAMMACK, Chief Justice.

This is an appeal from a judgment dismissing the Commonwealth's petition after a demurrer had been sustained thereto in an action against an adjoining property owner for cutting trees on a highway right of way. The Commonwealth contends that the petition stated a cause of action. We concur in this view.

The land on which the trees were cut was acquired by the Commonwealth for the purpose of constructing Highway 60 through Union County...

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