
    COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Chester LAYNE et al., Appellees.
    Court of Appeals of Kentucky.
    June 15, 1973.
    Jim D. Robinson, General Counsel, Department of Highways, Frankfort, George Chad Perry, III, Perry & Greene, Paints-ville, for appellant.
    Clifford B. Latta, Prestonsburg, for ap-pellees.
   Appeal from Floyd Circuit Court; Hollie Conley, Judge.

Memorandum Opinion of the Court by Justice STEINFELD, Affirming*  