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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. SMITH

445 S.W.2d 692 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mrs. Elizabeth SMITH, Appellee.

Court of Appeals of Kentucky.

October 10, 1969.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Dept. of Highways, Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

Cecil Wilson, Wilson, Herbert & Garmon, Walter A. Baker, Glasgow, for appellee.

MILLIKEN, Judge.

This is an appeal from a judgment of the Barren Circuit Court reversing the Opinion and Order of the Board of Claims denying the claimant recovery for injuries sustained in a fall in Glasgow at a public crossing on a state-maintained highway, apparently because the Board of Claims felt she was contributorily negligent.

The appellee, Elizabeth Smith, who was forty-seven years of age, fell and was injured while crossing at the intersection of...

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