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COMMONWEALTH v. MEYERS

307 S.W.2d 179 (1957)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ralph MEYERS, Appellee.

Court of Appeals of Kentucky.

November 15, 1957.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., C. J. Waddill, Asst. Atty. Gen., Hafford E. Hay, Asst. Atty. Gen., for appellant.

Louis T. Peniston, New Castle, for appellee.

SIMS, Judge.

This appeal is from a judgment of $7,500 appellee Ralph Meyers recovered against the Commonwealth in an action for damages for personal injuries received as the result of the alleged negligence of the Highway Department while he was working on State Highway 146 as an employee of the Department. Two grounds are assigned for reversal: (a) The parties had accepted the terms of the Workmen's Compensation Act and this prevented Meyers from maintaining a common...

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