Opinion
March 13, 1959.
Appeal from the Circuit Court, Floyd County, Edward Hill, J.
Jo M. Ferguson, Atty. Gen., Astor Hogg, Chief Asst. Atty. Gen., Hafford E. Hay, Asst. Atty. Gen., for appellant.
Woodrow Burchett, Prestonsburg, for appellee.
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 1956 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.