Commonwealth v. Burke
Commonwealth v. Burke
322 S.W.2d 129; 1959 Ky. LEXIS 302
(South Western Reporter, Second Series)
Commonwealth v. Burke
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.