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ELLIS v. McCUBBINS

229 S.W.2d 992 (1950)

312 Ky. 837

ELLIS et al. v. McCUBBINS. McCUBBINS v. HASTINGS.

Court of Appeals of Kentucky.

May 12, 1950.

Attorney(s) appearing for the Case

King & Porter, Louisville, J. Walter Clements, Louisville, Doolan, Helm, Stites & Wood, Louisville, for R. C. Ellis et al.

Woodward, Hobson & Fulton, Louisville, for Bernard Hastings.

Leland M. Mahan, Louisville, Mahan, Davis & Mahan, Louisville, for W. M. McCubbins.

SIMS, Chief Justice.

These consolidated appeals grow out of an automobile accident which occurred in Louisville on May 3, 1948, involving three cars and a 1½ ton truck. The four vehicles were all traveling south on Third Street in the same through traffic lane at about the same rate of speed of 20 or 25 miles per hour. Bernard Hastings was driving the first car and behind him was W. M. McCubbins, followed by R. C. Ellis, and then came the truck of the Telephone...

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