LACY v. HIGGS


236 S.W.2d 272 (1951)

LACY v. HIGGS.

Court of Appeals of Kentucky.

January 26, 1951.


Attorney(s) appearing for the Case

E. M. Hogge, Lester Hogge, Morehead, for appellant.

Hubert Counts, Olive Hill, Davis, Boehl, Viser & Marcus, and James M. Graves, A. J. Deindoerfer, all of Louisville, for appellee.


STANLEY, Commissioner.

The appellant, Gordan Lacy, a thirteen year old boy, suffered severe head injuries in the collision of his bicycle and a car of the appellee, Oran Higgs, on the afternoon of July 31, 1948, on U. S. Highway 60 near Pettitt's Store east of Morehead. In the suit for damages, the court peremptorily instructed the jury to find for the defendant.

The boy was riding his bicycle along with but just behind three other children about the same...

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