Commonwealth v. Kelley

Reversing.

This appeal presents a situation in which the Commonwealth is sued by an individual property holder for injury to his land. In 1944, J. Y. Kelley bought a house and lot in Salyersville, Kentucky, on the south side of Highway 460. Mr. Kelley conducted a funeral home on the premises, and also resided there. On the north side of the highway, opposite Kelley’s house, there is a ditch or drainway. Water drains from a hill, which slopes to this ditch opposite Kelley’s home. A culvert runs under the road and empties on the south side of the highway at about the corner of Kelley’s lot. When…