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COMMONWEALTH, DEPT. OF HIGHWAYS v. PINE COAL CO.

414 S.W.2d 134 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. PINE COAL COMPANY and Jack Winston Collier, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 19, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Spec. Asst. Atty. Gen., Kentucky Highway Dept., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

Stephen Combs, Jr., Combs & Polly, Whitesburg, for appellees.

OSBORNE, Judge.

This case involves the destruction of a bridge by a coal truck belonging to the Pine Coal Company. The bridge, located on Kentucky Highway 7 in Letcher County, Kentucky, was destroyed on January 21, 1963, when a loaded coal truck belonging to the Company attempted to cross it. The bridge was rated at fifteen tons by the Kentucky State Highway Department. The coal truck was loaded at a gross of 63,000 pounds. Even though liability was not seriously...

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