MORBURGER v. ECK MILLER CONTRACT CO.


240 S.W.2d 641 (1951)

MORBURGER v. ECK MILLER CONTRACT CO.

Court of Appeals of Kentucky.

June 19, 1951.


Attorney(s) appearing for the Case

Nathan B. Cooper, Woodward, Bartlett, Hobson & McCarroll, all of Owensboro, for appellant.

Byron, Sandidge & Holbrook, Owensboro, for appellee.


LATIMER, Justice.

Appellant brought this action against appellee seeking to recover $5,000 for personal injuries. From judgment in favor of appellee, this appeal is prosecuted.

The appeal deals only with Instruction 5, which reads:

"5. The Court instructs the jury that at the time, place and on the occasion referred to in the evidence it was the duty of the plaintiff, Charles Morburger, to exercise ordinary...

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