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LOWE'S ADMINISTRATOR v. McFARLAND

291 S.W.2d 1 (1956)

Albert LOWE'S ADMINISTRATOR (Mack Lowe), Appellant, v. Harley McFARLAND et al., Appellees.

Court of Appeals of Kentucky.

May 25, 1956.

Attorney(s) appearing for the Case

Stoll, Keenon & Park, Charles Landrum, Jr., Lexington, Thomas R. Burns, Morehead, for appellant.

W. H. Counts, Olive Hill, Roger Byron, Owingsville, Sam F. Kibbey and Thos. D. Theobald, Jr., Grayson, for appellee.

STANLEY, Commissioner.

Albert Lowe lost his life in a collision between an automobile or small truck, in which he was a guest, and a heavily loaded truck. Lowe's administrator sued Henry Cox, in whose car Lowe was riding, Harley McFarland, the operator of the truck, and General Refractories Company for damages. The case against the company rests on the allegation that it had negligently caused the highway to become dangerous and unsafe by spilling fire clay upon the...

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