Commonwealth v. Burke

Court of Appeals of Kentucky

Decided March 13, 1959

Court of Appeals of Kentucky · decided 1959-03-13

Relies on Commonwealth v. McCoun

Good law ✅— No negative treatment on recordhow we know

Decided 1959-03-13

How this case has been cited

Cited by 4 later decisions — most recently November 2002

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CLAY, Commissioner.

¶1The 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.

¶2The 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.

¶3The judgment is reversed with directions to enter judgment dismissing plaintiff’s claim.