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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. THACKER

384 S.W.2d 79 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Fanny Sally THACKER et al., Appellees.

Court of Appeals of Kentucky.

November 13, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Jackson, for appellant.

H. G. Wells, Hazard, for appellees.

STEWART, Judge.

This is an appeal from a judgment of $2000 based upon a verdict returned against the Commonwealth of Kentucky, Department of Highways, herein called "the Department," in favor of Fanny Sally Thacker and others.

Appellees, plaintiffs below, have failed to file a brief and, pursuant to RCA 1.260, we have elected to accept the Department's "statement of the facts and issues as correct."

The question posed is whether Perry County or the...

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