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WARD v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO.

436 S.W.2d 794 (1968)

Henry WARD, Individually and as Commissioner of the Department of Highways, Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 28, 1969.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, W. O. Gilbreath, Lexington, Robert Rieckhoff, Frankfort, Highway Dept., for appellant.

Lively M. Wilson, Stites, Peabody & Helm, Louisville, for appellee.

OSBORNE, Judge.

The question presented on this appeal is, Should the Commonwealth of Kentucky be required to pay Southern Bell Telephone and Telegraph Company for removal and relocation of its lines in Fayette County, Kentucky, from the Richmond and Lexington Turnpike road? The facts giving rise to the controversy between the parties are as follows:

In 1834 for the purpose of building a turnpike from Richmond to Lexington the legislature of the Commonwealth...

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