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COMMONWEALTH v. MOORE

267 S.W.2d 531 (1954)

COMMONWEALTH et al. v. MOORE et al. COMMONWEALTH et al. v. GANDER et al.

Court of Appeals of Kentucky.

Rehearing Denied May 21, 1954.

Attorney(s) appearing for the Case

J. D. Buckman, Atty. Gen., John C. Talbott, Asst. Atty. Gen., for appellants.

Phillip M. Lanier, Pierce Lively and James F. Clay, Danville, for appellees.

CLAY, Commissioner.

We have before us two actions against the Commonwealth for damages allegedly caused by the reconstruction of a highway, which destroyed appellees' tobacco crops in 1951 as the result of the settlement of large quantities of dust thereon. Appellees by deed had theretofore conveyed to the Department of Highways a certain portion of their land for highway purposes. The two cases were submitted to a jury and it awarded damages.

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