Commonwealth v. Prall

Opinion op the Court by

Judge Settle

— Eeversiug.

This penal action was instituted in the name of the Commonwealth to recover of appellee the penalty prescribed by section 4325, Kentucky Statute's, for damage done a public highway of Nelson County resulting from his unusual use thereof and his failure to repair same, after due notice, within a reasonable time. The section, supra, provides:

“Any corporation, company or individual who may, by unusual use of a road, materially damage the same, *578shall repair all damages caused by the use of such road or roads, the supervisor, or overseer of roads…