HIGGANS v. DESKINS


263 S.W.2d 108 (1953)

HIGGANS v. DESKINS et al. (two cases).

Court of Appeals of Kentucky.

December 18, 1953.


Attorney(s) appearing for the Case

F. Dale Burke and Walter Young, Pikeville, for appellant.

Henry D. Stratton and P. B. Stratton, Pikeville, for appellees.


STANLEY, Commissioner.

The appellants, husband and wife, were injured in a collision of their automobile with a truck owned by the appellee, Boone Deskins, and driven by Paul Smith. On the joint trial of their respective suits for damages, the court directed a verdict for the defendant on the ground of insufficient evidence that Smith was driving the truck within the scope of his employment or as the defendant's agent.

The accident occurred about 6 o'clock...

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