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COMMONWEALTH v. GEARY

254 S.W.2d 477 (1953)

COMMONWEALTH v. GEARY.

Court of Appeals of Kentucky.

January 23, 1953.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., C. J. Waddill, Jo M. Ferguson, Asst. Attys. Gen., T. H. Demunbrun, Brownsville, for appellant.

Rhodes Bratcher, Morgantown, W. D. Bratcher, Greenville, for appellee.

COMBS, Justice.

The Highway Department constructed Highway No. 70 in Edmonson county through a leasehold upon which plaintiff, Cletus Geary, was operating a stone quarry. In this suit for damages the jury returned a verdict for Geary in the amount of $4,000. The Commonwealth appeals.

The farm on which the quarry is located is owned by a widow, Millie Luttrell, and her four children, Mrs. Luttrell holding a dower interest. Geary's lease, designated a contract...

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