MOBERLY v. FLYNN


247 S.W.2d 211 (1952)

MOBERLY v. FLYNN.

Court of Appeals of Kentucky.

March 14, 1952.


Attorney(s) appearing for the Case

Shumate & Shumate, Irvine, for appellant.

E. B. Rose, Buford A. Short, Beattyville, for appellee.


SIMS, Justice.

Everett Moberly was struck and killed by a truck owned and driven by appellee, H.B. Flynn. His widow, as administratrix of his estate, in this action sought to recover $35,000 damages for his wrongful death. The petition averred Moberly's death was caused by Flynn's negligence. The answer was a general denial followed by a plea of contributory negligence. At the conclusion of all the evidence, the court sustained appellee's motion for a directed verdict...

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