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Legal Opinion

Commonwealth, Department of Highways v. Litteral

Court of Appeals of Kentucky

Decided November 7, 1958PublishedCited by 6 opinions

1Opinion of the Court

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, has moved for an appeal from a judgment of the Magoffin Circuit Court awarding $1,000 to W. T. Litteral and Faye Litteral, his wife, as damages resulting from highway construction work that removed lateral support from the Litterals’ land. Although we are overruling the motion for an appeal we are writing a formal opinion, because a question of importance is presented.

The removal of lateral support was alleged to have occurred when the Department of Highways, in accordance with its construction plans, lowered the grade…

2Cases cited7 opinions

  1. Breathitt County v. HudsonCourt of Appeals of Kentucky (pre-1976) · 1936
  2. Fallis v. Mercer CountyCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Chesapeake & Ohio Railway Co. v. MayCourt of Appeals of Kentucky · 1914
  4. Commonwealth v. MooreCourt of Appeals of Kentucky · 1954
  5. Snyder v. Whitley CountyCourt of Appeals of Kentucky (pre-1976) · 1934

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Commonwealth, Department of Highways v. RobbinsCourt of Appeals of Kentucky (pre-1976) · 1967
  2. Commonwealth, Department of Highways v. DavidsonCourt of Appeals of Kentucky (pre-1976) · 1964
  3. Commonwealth, Dept. of Highways v. WidnerCourt of Appeals of Kentucky (pre-1976) · 1965
  4. Cartee v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1964
  5. Commonwealth, Department of Highways v. BairdCourt of Appeals of Kentucky (pre-1976) · 1969

1 more not listed; retrieve them via the Exa API.

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