Sutton Construction Co. v. Lemaster's Administrator

Opinion of the Court by

Judge Rees

Affirming.

Appellant, Sutton Construction Company, was engaged in the construction of a public highway in Martin county, Ky., during the year 1926. The highway under construction passed within 150 feet of appellee’s home and was being constructed on a new location, the right of way of the road that had been used theretofore also being near appellee’s home, which was located at a point approximately equidistant from the two roads. • Appellant used powder for blasting purposes in its work of constructing the road, and on Sunday, March 14,1926, appellee’s son and…