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WARD v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

402 S.W.2d 98 (1966)

Henry WARD, Commissioner of the Department of Highways of the Commonwealth of Kentucky, and Department of Highways of the Commonwealth of Kentucky, Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

April 22, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Paul E. Hunley, Highway Dept., Glenn McDonald, Highway Dept., Frankfort, for appellants.

Marion Rider, Frankfort, for appellee.

DAVIS, Commissioner.

This appeal arises from a declaratory judgment action testing whether Department of Highways (hereafter Department) may comply with contracts it has entered into with appellee (hereafter Railroad) respecting the Department's paying the maintenance expenses incident to electric warning signals and gates at eleven grade crossings of the Railroad's tracks over the public highways of this state. The trial court entered judgment declaring the contracts...

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