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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. DAVIDSON

383 S.W.2d 346 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Hovious DAVIDSON et al., Appellees.

Court of Appeals of Kentucky.

October 16, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Reed D. Anderson, Dept. of Highways, Frankfort, for appellant.

Seth T. Boaz, Wm. H. Parham, Mayfield, for appellees.

DAVIS, Commissioner.

Appellees, Hovious Davidson and his wife, Mary, sued Commonwealth of Kentucky, Department of Highways, and Graves County alleging that their property had been damaged by reason of the construction of a highway in front of it. The Davidsons based their claim on the assertions that appellee Graves County and appellant had misrepresented the height of the fill to be constructed in front of their property...

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