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COMMONWEALTH, DEPT. OF PARKS v. BERGEE BROS., INC.

480 S.W.2d 158 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF PARKS, Appellant, v. BERGEE BROTHERS, INC., and Dr. Mark A. Immergut, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 9, 1972.

Attorney(s) appearing for the Case

Robert H. Penn, Frankfort, for appellant.

Richard H. Lewis, Benton, for appellees.

STEINFELD, Chef Justice.

On August 23, 1968, a small private aircraft owned by appellee Bergee Bros., Inc., and piloted by its president, Appellee Dr. Mark A. Immergut, was accidently damaged at the airport maintained by appellant Kentucky Department of Parks at Kentucky Dam Village. While attempting to taxi through the grass from the runway to a designated tie-down point, the plane tipped over nose first when one of its wheels caught in a hole approximately two feet...

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