
    COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sam RILEY, Appellee.
    Court of Appeals of Kentucky.
    Dec. 7, 1973.
    Jim Robinson, General Counsel, Department of Highways, Frankfort, Kenneth S. Baker, Jackson, for appellant.
    Richard D. Cooper, Cooper & Gullett, Hazard, for appellee.
   Memorandum Opinion of the Court by

Commissioner CATINNA,

Reversing.*  