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COMMONWEALTH v. GENERAL & EXCESS INSURANCE CO.

355 S.W.2d 695 (1962)

COMMONWEALTH of Kentucky DEPARTMENT OF HIGHWAYS, Appellant, v. GENERAL & EXCESS INSURANCE COMPANY et al., Appellees.

Court of Appeals of Kentucky.

March 23, 1962.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., John J. Blackburn, Dept. of Highways, Frankfort, for appellant.

J. D. Ruark, Morganfield, Willie M. Deep, Henderson, for appellees.

MOREMEN, Judge.

This is an appeal from a judgment of the Union Circuit Court which confirmed an award of the Board of Claims of Kentucky for damages sustained by appellee Clark as the result of alleged negligence of the Commonwealth in maintaining U. S. Highway No. 60 at a point near Sturgis.

On December 9, 1957, Clark was operating a truck on U. S. 60 when an automobile being driven by Robert M. Dennis approached from the opposite direction. The vehicles...

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