
    COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ben ROBERTS et al., Appellees.
    Court of Appeals of Kentucky.
    Oct. 12, 1973.
    James Robinson, Gen. Counsel, Department of Highways, Frankfort, Edmond H. Tackett, Kenneth S. Baker, Pikeville, for appellant.
    Kelsey E. Friend, Pikeville, for appel-lees.
   Appeal from Pike Circuit Court; James B. Stephenson, Judge.

Memorandum Opinion of the Court by Justice STEINFELD, Affirming. 
      
       Opinion ordered not to be published.
     