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COMMONWEALTH, DEPT. OF HIGHWAYS v. STEPHENS

428 S.W.2d 605 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Millard STEPHENS et al., Appellees.

Court of Appeals of Kentucky.

May 31, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Phillip K. Wicker, Somerset, for appellant.

J. B. Johnson, Jr., Williamsburg, Homer W. Ramsey, Whitley City, for appellees.

DAVIS, Commissioner.

The Department of Highways instituted this action against Millard Stephens and Morris Stephens, doing business as Falls Motel, seeking to recover compensatory damages of $15,407.10 and punitive damages of $8,000 based upon the alleged wrongful felling of trees on three separate parcels of land owned by the Department as highway right-of-way. The appellees denied that they had cut any trees of value, although they admitted they had removed some...

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