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COMMONWEALTH v. SEBASTIAN

345 S.W.2d 46 (1961)

COMMONWEALTH of Kentucky, DEPARTMENT of HIGHWAYS, Appellant, v. Clifton SEBASTIAN, Adm'r of the Estate of Laura Sebastian, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 28, 1961.

Attorney(s) appearing for the Case

Hafford E. Hay, Asst. Atty. Gen., for appellant.

Cabell Francis, Stanford, for appellees.

CULLEN, Commissioner.

Members of the Sebastian family, owners of a farm in Lincoln County, recovered a $3,000 judgment against the Commonwealth of Kentucky, Department of Highways, for damages from the drying up of two springs on their farm alleged to have resulted from a diversion of the flow of water to the springs by the construction of a highway adjoining the farm. The Commonwealth has appealed.

No negligence was shown. The theory of the Sebastians was...

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