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McKINNY v. BAILEY

316 S.W.2d 370 (1958)

John Earl McKINNY, Appellant, v. Edd BAILEY, Appellee.

Court of Appeals of Kentucky.

September 26, 1958.

Attorney(s) appearing for the Case

W. Earl Dean, Harrodsburg, Major W. McBrayer, Lawrenceburg, for appellant.

O. J. Bowen, Lawrenceburg, Errol W. Draffen, Harrodsburg, Walter Patrick, Lawrenceburg, for appellee.

CULLEN, Commissioner.

The automobiles of John McKinny and Edd Bailey, traveling in opposite directions on a highway in the country, met in substantially a head-on collision. Bailey sued McKinny for damages, and the latter counterclaimed. Upon a trial, the jury returned a verdict finding that neither party should recover. Bailey moved for a new trial, and this motion was sustained on the ground that the instructions upon the first trial were erroneous in two respects...

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