Commonwealth v. Burke

Court of Appeals of Kentucky

Commonwealth v. Burke

322 S.W.2d 129, 1959 Ky. LEXIS 302

DecidedMarch 13, 1959

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This text of 322 S.W.2d 129 (Commonwealth v. Burke) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Burke, 322 S.W.2d 129, 1959 Ky. LEXIS 302 (Ky. Ct. App. 1959).

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Opinion

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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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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322 S.W.2d 129, 1959 Ky. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-burke-kyctapp-1959.

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