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TATE v. BORTON

272 S.W.2d 333 (1954)

Allie TATE, Administrator of the Estate of Nancy Lois Tate, Deceased, Appellant, v. Robert BORTON, Appellee. Willa Mae DE WITT, Suing by her Father and Next Friend, Austin De Witt, Appellant, v. Robert BORTON, Appellee.

Court of Appeals of Kentucky.

October 22, 1954.

Attorney(s) appearing for the Case

P. M. Basham, Hardinsburg, Harry Black, Hawesville, for appellants.

H. Randolph Kramer, Owensboro, for appellee.

COMBS, Justice.

Nancy Lois Tate was killed and her friend, Willa Mae DeWitt, was injured when the car in which they were riding with two soldiers ran off the road and struck a guard rail and post. In separate actions for damages against the soldier who owned the car the jury found for the defendant. The cases were tried together in the trial court and will be considered together in this opinion.

The defendant relied principally on the defense of contributory...

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