Commonwealth, Department of Highways v. Higdon

WILLIAMS, Judge.

Kenneth Cissell was drowned when the car in which he was a passenger plunged into the Tennessee River. An award of $5,000 by the Board of Claims to the administrator was allowed against the appellant, Commonwealth of Kentucky, Department of Highways. The award was affirmed by the McCracken Circuit Court, and the Commonwealth has appealed.

The driver of the automobile in which Cissell was a passenger mistakenly turned off the main road onto a minor road, believing it led to Paducah. In reality, 2,025 feet from the intersection, the road came to an end at the edge of the…