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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BOLTON

430 S.W.2d 458 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Pauline BOLTON and Bill Lee, Appellees.

Court of Appeals of Kentucky.

June 28, 1968.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Eugene H. Clark, Robert E. Cato, Manchester, for appellant.

J. B. Johnson, Jr., W. M. Cox, Jr., Williamsburg, for appellees.

CLAY, Commissioner.

This proceeding was commenced in the Board of Claims by the administrators of the estates of Carl Lee and Curtis Bolton, asking damages for their wrongful deaths because of the alleged negligence of the Commonwealth, Department of Highways. The Board dismissed the claims on the ground the claimants had failed to prove actionable negligence. On appeal to the Whitley Circuit Court the Board's order was set aside and the case remanded with directions...

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