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ELLINGTON v. STRADER

285 S.W.2d 497 (1955)

William M. ELLINGTON et al., Appellants, v. U. A. STRADER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 27, 1956.

Attorney(s) appearing for the Case

Earl T. Osborne, Benton, for appellants.

John C. Lovett, Benton, for appellee.

MILLIKEN, Judge.

This case grows out of a collision of the appellants' automobile with a cow on a public road slightly after dark on January 7, 1955, in which the plaintiffs' car was demolished, the wife injured, and the cow killed. This decision involves the question as to which party to the litigation had the duty of going forward with the production of evidence. After the appellants (to whom we shall refer as plaintiffs henceforth) had produced evidence of the...

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