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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HIGDON

383 S.W.2d 331 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Leon O. HIGDON, Administrator of the Estate of Kenneth Cissell, Appellee.

Court of Appeals of Kentucky.

October 16, 1964.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Richard H. Peek, Paducah, for appellant.

John E. Albert, Herbert Schultzman, Terrell, Schultzman & Hardy, Paducah, for appellee.

WILLIAMS, Judge.

Kenneth Cissell was drowned when the car in which he was a passenger plunged into the Tennessee River. An award of $5,000 by the Board of Claims to the administrator was allowed against the appellant, Commonwealth of Kentucky, Department of Highways. The award was affirmed by the McCracken Circuit Court, and the Commonwealth has appealed.

The driver of the automobile in which Cissell was a passenger mistakenly turned off the main road onto...

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