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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROBBINS

421 S.W.2d 820 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Earl ROBBINS et al., Appellees.

Court of Appeals of Kentucky.

December 1, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, Carl T. Miller, Jr., Jackson, for appellant.

Hunter M. Shumate, Shumate & Flaherty, M. V. Mainous, Irvine, for appellees.

STEINFELD, Judge.

This is an action to recover damages for wrongfully causing water to collect on appellees' land. From a judgment awarding the claimants $4,500.00 the Commonwealth, Department of Highways appeals. We affirm.

Earl and Nancy Robbins (whom we will refer to as Robbins) own a lot on Main Street in Irvine, Kentucky. Formerly it was 400 feet deep and 75 feet wide. In 1963 for the construction of a highway the Commonwealth, through its Department...

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