FISHER v. LOUISVILLE TRANSIT COMPANY


303 S.W.2d 272 (1957)

Nicholas J. FISHER, Appellant, v. LOUISVILLE TRANSIT COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

June 14, 1957.


Attorney(s) appearing for the Case

Sal Pinto, Louisville, for appellant.

Earl S. Wilson, Lee Curd Miller, Bullitt, Dawson & Tarrant, Louisville, for appellee.


MILLIKEN, Chief Justice.

The appellant, an adult passenger on a southbound Eighteenth Street bus of the Louisville Transit Company, received a broken arm when his elbow, which he had extended out an open window of the bus, struck a utility pole as the bus pulled away from the curb after stopping at Eighteenth and Oak Streets to discharge passengers. There is no evidence that the driver of the bus knew the appellant's arm protruded beyond the body of the bus. The jury...

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