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YORK v. CUMBERLAND CONST. CO.

229 S.W.2d 970 (1950)

312 Ky. 797

YORK v. CUMBERLAND CONST. CO.

Court of Appeals of Kentucky.

May 9, 1950.

Attorney(s) appearing for the Case

Ben D. Smith, V. O. Blackburn, Somerset, James A. Hicks, Albany, for appellant.

J. G. Smith, Albany, Parker W. Duncan, Monticello, for appellee.

HELM, Justice.

Appellant, M. D. York, brought this action to recover damages to his truck in a collision with a rock spreader, or "spreader box," owned and being used by appellee in the resurfacing of a part of Highway 35 in Clinton County. At the close of all the evidence the trial court directed a verdict for appellee, because "under this evidence * * * the plaintiff's driver was guilty of contributory negligence as a matter of law." Appellant appeals, assigning...

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