Commonwealth, Department of Highways v. Bolton

CLAY, Commissioner.

This proceeding was commenced in the Board of Claims by the administrators of the estates of Carl Lee and Curtis Bolton, asking damages for their wrongful deaths because of the alleged negligence of the Commonwealth, Department of Highways. The Board dismissed the claims on the ground the claimants had failed to prove actionable negligence. On appeal to the Whitley Circuit Court the Board’s order was set aside and the case remanded with directions to enter an appropriate award. The Commonwealth appeals.

Located near Kentucky Highway 511 in Whitley County is a deep pond known…