COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WATSON


446 S.W.2d 294 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Clabe WATSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 21, 1969.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Department of Highways, Frankfort, Eugene H. Clark, Manchester, for appellant.

G. G. Teague, Jr., Williamsburg, for appellees.


DAVIS, Commissioner.

Clabe Watson and his wife obtained a verdict and judgment for $5500 against the Department of Highways based upon their claim that the Department's construction of I-75 and two service roads caused such diversion of water drainage as to damage the property of the appellees by flooding.

The appellant presents three grounds for reversal: (1) A directed verdict should have been given for the appellant; (2) the trial court erred in denying...

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