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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. BROWN

346 S.W.2d 24 (1961)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mavis BROWN, Appellee.

Court of Appeals of Kentucky.

April 28, 1961.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Lawrence L. Pedley, Louisville, for appellant.

J. D. Atkinson, Jr., Greenup, for appellee.

BIRD, Chief Justice.

This action originated in the Board of Claims and arose out of an accident caused solely by the icy condition of a curve on a highway maintained by the Commonwealth of Kentucky.

Mavis Brown was awarded damages for her personal injury by the Board of Claims. The circuit court upheld the award on appeal and the Commonwealth has appealed to this Court.

There is no dispute concerning the facts. The road except for the curve was clear...

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