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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. GILLES

516 S.W.2d 338 (1974)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. James F. GILLES and Clara Marie Gilles, wife, Appellees.

Court of Appeals of Kentucky.

November 22, 1974.

Attorney(s) appearing for the Case

James D. Robinson, Acting Gen. Counsel, Dept. of Highways, Frankfort, Perry M. Lewis, Dept. of Highways, Madisonville, for appellant.

William L. Wiesman, Owensboro, for appellees.

STEINFELD, Justice.

James Gilles and his wife Carla, the appellees, brought suit for damages in the Daviess Circuit Court against Jim Smith Contracting Company and the appellant Commonwealth. They alleged that because of the negligence of the construction company and the Commonwealth their land was flooded, thereby destroying some of their 1969 corn and tobacco crops. It was claimed that during construction a drainage pipe, not provided for in the plans, was installed...

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