COMMONWEALTH v. RAGLAND POTTER COMPANY


305 S.W.2d 915 (1957)

COMMONWEALTH of Kentucky, Department of Highways, Appellant, v. RAGLAND POTTER COMPANY, Appellee.

Court of Appeals of Kentucky.

October 11, 1957.


Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., C. J. Waddill, Asst. Atty. Gen., Hafford E. Hay, Asst. Atty. Gen., for appellant.

Harlan E. Judd, Burkesville, Ky., Boehl, Stopher, Kilgarriff, Graves & Deindoerfer, Louisville, Ky., James M. Graves, John G. Hicks, Louisville, Ky., for appellee.


SIMS, Judge.

In this opinion appellant will be referred to as plaintiff and appellee as defendant. Plaintiff sued to recover $11,084.39 damages done one of its bridges by the alleged negligent operation of a truck owned by defendant. The answer was a general denial of the material averments of the complaint, followed by a plea of contributory negligence. The jury found for defendant and in seeking to reverse the judgment, plaintiff insists the court erred: 1. in overruling...

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