Illinois Central Gulf Railroad v. Graves County Fiscal Court

WILHOIT, Judge.

This appeal arises from an order of the Graves Circuit Court dismissing the appellant’s action on the grounds of sovereign immunity. The issue is whether the court erred in applying the doctrine of sovereign immunity to shield the Graves County Fiscal Court from honoring its contract with the appellant. We reverse and remand.

On or about May 27, 1969, Graves County, Kentucky, through its county judge, executed a contract with the Illinois Central Railroad Company for the installation of an automatic flashing light signal and bell at a grade crossing leading to an industrial park…