CAPPS v. PENCE


280 S.W.2d 168 (1955)

Jerry CAPPS, Appellant, v. Morton W. PENCE, Appellee.

Court of Appeals of Kentucky.

May 27, 1955.


Attorney(s) appearing for the Case

Haynes Carter, Elizabethtown, for appellant.

Faurest & Montgomery, Elizabethtown, for appellee.


CULLEN, Commissioner.

Jerry Capps, while working as a farm hand for Morton W. Pence, was injured when his arms were caught between a roller and belt of a hay baler. He sued Pence for damages. At the conclusion of the plaintiff's evidence, the court directed a verdict for the defendant, apparently on the ground that Capps was contributorily negligent as a matter of law. Capps has appealed, contending that there was a jury issue on negligence and contributory negligence...

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