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COMMONWEALTH, DEPT. OF HWYS. v. LOUISVILLE WATER CO.

479 S.W.2d 626 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. LOUISVILLE WATER COMPANY, Appellee.

Court of Appeals of Kentucky.

March 31, 1972.

Attorney(s) appearing for the Case

Robert A. Becht, Dept. of Highways, Louisville, Don Duff, Dept. of Highways, Frankfort, for appellant.

Samuel R. Wells, Thomas W. Speckman, Marshall, Cochran, Heyburn & Wells, Louisville, for appellee.

PALMORE, Judge.

The state highway department appeals from a judgment requiring it to pay the Louisville Water Company $120,465.20 as the cost of restoring a system of water mains disrupted by the construction of Interstate Highways 64, 65 and 71 along River Road in Louisville. The basic question is whether the principle of Southern Bell Tel. & Tel. Co. v. Commonwealth, Ky., 266 S.W.2d 308

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