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IRV'S TRUCK LINE, INC. v. COMMONWEALTH, DEPT. OF HYS.

420 S.W.2d 674 (1967)

IRV'S TRUCK LINE, INC., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

November 10, 1967.

Attorney(s) appearing for the Case

James F. Clay, Danville, for appellant.

Robert Matthews, H. C. Smith, Frankfort, Phillip K. Wicker, Somerset, for appellee.

DAVIS, Commissioner.

On August 12, 1963, a tractor-trailer rig owned by appellant was damaged when it fell through a bridge over Hanging Fork Creek on Highway 1194 in Lincoln County. Appellant made claim against the Department of Highways before the Board of Claims; the Board denied recovery. Upon appeal to the circuit court, the Board's action was affirmed, and this appeal followed.

The material facts are substantially undisputed and may be thus summarized...

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