Commonwealth, Department of Highways v. Sebastian

CULLEN, Commissioner.

Members of the Sebastian family, owners of a farm in Lincoln County, recovered a $3,000 judgment against the Commonwealth of Kentucky, Department of Highways, for damages from the drying up of two springs on their farm alleged' to have resulted from a diversion of the flow of water to the springs by the construction of a highway adjoining the farm.. The Commonwealth has appealed.

No negligence was shown. The theory of the Sebastians was that the springs were-fed by an underground stream that crossed' the highway right of way, and that they had a property right to the…