PERRY v. LIVINGSTON


296 S.W.2d 217 (1956)

Jim PERRY, Appellant, v. Bill LIVINGSTON and Joe Meneghini, partners doing business under the firm name and style of B & J Coal Company, and Ray O. Salyers, Appellees.

Court of Appeals of Kentucky.

November 30, 1956.


Attorney(s) appearing for the Case

James S. Greene, Jr., Harlan, for appellant.

James Sampson, Wm. A. Rice, Harlan, for appellees.


CLAY, Commissioner.

This is a suit for property damage arising out of the collision of two trucks. The jury denied damages on the ground both drivers were negligent. On this appeal plaintiff contends the court erroneously instructed the jury on the issue of contributory negligence. This contention is based on the alleged failure of defendants properly to plead this defense.

In plaintiff's Complaint it was stated that one Arnold Brashears was the driver of...

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