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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. GRAHAM

410 S.W.2d 619 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Roy W. GRAHAM et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 10, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Tildon H. McMasters, Elizabethtown, for appellant.

Fred Faulkner, Jr., Faulkner & Bertram, Campbellsville, for appellees.

WILLIAMS, Judge.

The appellees filed an action for damages before the Board of Claims against the Commonwealth of Kentucky, Department of Highways. The Board of Claims dismissed appellees' claim but upon appeal the Taylor Circuit Court ruled that the board's finding of fact did not support the dismissal. Motion for appeal was sustained in this court.

The Department of Highways was transporting a bulldozer loaded...

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