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KEETON v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

389 S.W.2d 633 (1965)

Henry KEETON et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

March 19, 1965.

Attorney(s) appearing for the Case

Marcus Mann, Salyersville, for appellants.

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Jarvis Allen, Prestonsburg, for appellee.

WADDILL, Commissioner.

While appellants were proceeding in a truck through a cut on highway #60 in Magoffin County, a mass of falling rock, dirt and other debris struck appellants' vehicle injuring both of them.

They filed claims for damages against the Commonwealth, Department of Highways pursuant to KRS 44.070 et seq. Following a hearing the Board of Claims found that the employees of the department had not been negligent in the maintenance of this highway...

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