BETTIS v. RICKETT


310 S.W.2d 775 (1958)

Amy M. BETTIS, Executrix of the Estate of Sherroll L. Bettis, Deceased, Appellant, v. Allen M. RICKETT et al., Appellee.

Court of Appeals of Kentucky.

February 28, 1958.


Attorney(s) appearing for the Case

Fielden Woodward, Woodward, Hobson & Fulton, Louisville, J. R. Layman, Elizabethtown, for appellant.

J. W. Clements, Louisville, J. E. Wise, Elizabethtown, for appellee.


BIRD, Judge.

Sherroll L. Bettis was killed by defendant's automobile while walking across U. S. Highway 31-W in Hardin County, Kentucky. The executrix of his estate filed this action to recover damages for his death. The case was tried by a jury who returned a verdict for the defendants. A judgment was entered thereon and plaintiff appeals. An erroneous instruction is asserted as the sole ground for reversal. In defining the decedent's duties the court said:

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