Court of Appeals of Kentucky, 1959

Commonwealth v. Burke

Commonwealth v. Burke
Court of Appeals of Kentucky · Decided March 13, 1959 · Clay
322 S.W.2d 129; 1959 Ky. LEXIS 302 (South Western Reporter, Second Series)

Commonwealth v. Burke

Opinion of the Court

CLAY, Commissioner.

The Commonwealth appeals from a $5,-000 judgment in favor of the administratrix of Harry Burke, who allegedly met his death by falling from a bridge maintained by the Department of Highways.

The suit was authorized by a resolution adopted by the 19S6 General Assembly, Acts 1956, c. 227. In Commonwealth v. McCoun, Ky., 313 S.W.2d 585, we decided that such a resolution was void. Therefore, this suit was unauthorized and the judgment cannot stand.

The judgment is reversed with directions to enter judgment dismissing plaintiff’s claim.

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