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COMMONWEALTH v. CHINN

350 S.W.2d 622 (1961)

COMMONWEALTH of Kentucky DEPARTMENT OF HIGHWAYS, Appellant, v. Wurts CHINN, Appellee.

Court of Appeals of Kentucky.

October 27, 1961.

Attorney(s) appearing for the Case

John J. Blackburn, Legal Section, Dept. of Highways, Covington, Hafford E. Hay, Asst. Atty. Gen., for appellant.

Bates & Nicholls, Greenup, for appellee.

MOREMEN, Judge.

Appellee, Wurts Chinn, filed a complaint with the Board of Claims (KRS 44.070-44.990) by which he sought to recover damages from the commonwealth resulting from alleged negligence on its part in constructing and maintaining U. S. Highway 23, which abuts a small tract of land owned by him.

The testimony offered by appellee Chinn is vague and uncertain and it is impossible to gather from the record...

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