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FREEPORT TRANSPORT v. COMMONWEALTH, DEPT. OF HYS.

408 S.W.2d 193 (1966)

FREEPORT TRANSPORT, INC., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 9, 1966.

Attorney(s) appearing for the Case

McElwain, Dinning, Clarke & Winstead, Louisville, J. K. Wells, Paintsville, for appellant.

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., H. C. Smith, Sp. Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellee.

CLAY, Commissioner.

Appellant's truck skidded off U. S. Highway 23 in Lawrence County, causing extensive damage to the vehicle and cargo. A claim for approximately $6,000 was filed with the Board of Claims against the Department of Highways. The Board denied the claim on the grounds that (1) the defect in the highway was not negligently created, and (2) the Highway Department had no notice of the condition. The Board's decision was upheld on appeal by the circuit...

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