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COMMONWEALTH v. LITTERAL

319 S.W.2d 458 (1958)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. W. T. LITTERAL et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 30, 1959.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Astor Hogg, Dennie Gooch, Jr., Asst. Attys. Gen., for appellant.

Marcus Mann, Benjamin Mann, Salyersville, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, has moved for an appeal from a judgment of the Magoffin Circuit Court awarding $1,000 to W. T. Litteral and Faye Litteral, his wife, as damages resulting from highway construction work that removed lateral support from the Litterals' land. Although we are overruling the motion for an appeal we are writing a formal opinion, because a question of importance is presented.

The removal...

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