BURCH v. BYRD


246 S.W.2d 595 (1952)

BURCH v. BYRD.

Court of Appeals of Kentucky.

February 22, 1952.


Attorney(s) appearing for the Case

A. E. Funk, Jr., Middlesboro, W. R. Lay and Grant Knuckles, Pineville, for appellant.

James W. Smith and F. R. Whalin, Middlesboro, Henry L. Bryant, Pineville, for appellee.


CLAY, Commissioner.

Sammy Burch, a four year old boy, was killed as the result of coming in contact with a moving truck owned by appellee. In a suit by appellant, his administrator, the jury denied recovery. On this appeal it is urged: (1) the trial court erroneously gave an instruction on the contributory negligence of Sammy's parents; and (2) appellant was entitled to a directed verdict because the physical facts pointed unerringly to the negligence of the truck...

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