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COMMONWEALTH v. CALLEBS

381 S.W.2d 623 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jane H. CALLEBS, Administratrix of the Estate of Cecil Callebs, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 25, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Jarvis Allen, Pikeville, for appellant.

Charles G. Cole, Jr., Barbourville, for appellee.

CULLEN, Commissioner.

Cecil Callebs, driving an automobile on U. S. Highway No. 25E near or in the outskirts of Barbourville, during a windstorm, was killed when a large sycamore tree, standing on the edge of the right of way some 12 feet from the edge of the pavement, fell across the highway upon the automobile. The trunk of the tree broke at a point from four to eight feet above the ground.

Callebs' administratrix filed with the Board of Claims a claim against...

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