COMMONWEALTH, DEPT. OF HIGHWAYS v. ROUNDTREE


372 S.W.2d 804 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. T. F. ROUNDTREE, Appellee.

Court of Appeals of Kentucky.

November 22, 1963.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Phillip K. Wicker, Somerset (Dept. of Highways), for appellant.

James A. Inman, Whitley City, Joe S. Feather, Williamsburg, for appellee.


PALMORE, Judge.

This action was brought by the Commonwealth to enjoin the appellee, Roundtree, from obstructing the drainage of surface waters onto his property from a catch basin on U. S. Highway 27 in Whitley City. Roundtree counterclaimed for damages and injunctive relief against the continued maintenance of such drainage. The trial court denied relief to the Commonwealth, awarded Roundtree $600 in damages pursuant to a jury verdict, and enjoined the Commonwealth...

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