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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BAIRD

444 S.W.2d 541 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. G. C. BAIRD and Carrie Baird, his wife, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 3, 1969.

Attorney(s) appearing for the Case

John Breckinridge, Atty. Gen., Don Duff, Acting General Counsel, Dept. of Highways, Frankfort, Eugene H. Clark, Manchester, Robert E. Cato, Somerset, for appellants.

J. B. Johnson and J. B. Johnson, Jr., Williamsburg, for appellees.

CULLEN, Commissioner.

G. C. Baird and wife recovered judgment against the Commonwealth, Department of Highways, in the amount of $3,000, for damages to the Baird property found by a jury to have resulted from surface water the flow of which was accelerated by construction of an I-highway on a right-of-way adjoining the Baird property. The department has appealed, asserting various grounds of error, the first of which is that the department's motion for a directed...

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