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GINTER v. MONTGOMERY COUNTY

327 S.W.2d 98 (1959)

Mamle GINTER, Administratrix of Estate of James P. Ginter, Deceased, Appellant, v. MONTGOMERY COUNTY, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 2, 1959.

Attorney(s) appearing for the Case

M. C. Redwine, Redwine & Redwine, Winchester, for appellant.

Henry H. Bramblet, Mt. Sterling, for appellees.

CULLEN, Commissioner.

The administratrix of the estate of James P. Ginter, deceased, brought action against Montgomery County and the fiscal court of the county, seeking to recover damages for the alleged wrongful death of Ginter, who was fatally injured while operating a road grader in the employ of the county. The complaint alleged alternative grounds of liability, one being "negligence" of the defendants and the other being failure of the defendants to provide...

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