McDOWELL v. BRATCHER

No. 13671.

265 F.2d 261 (1959)

James McDOWELL, Appellant, v. Dennis H. BRATCHER, Appellee.

United States Court of Appeals Sixth Circuit.

April 15, 1959.


Attorney(s) appearing for the Case

Wm. A. Stephenson, Louisville, Ky. (Freeman B. Blackwell and Matthew B. Quinn, Jr., Louisville, Ky., on the brief), for appellant.

John P. Sandidge, Louisville, Ky. (William A. Hamm and Boyd F. Taylor, London, Ky., on the brief), for appellee.

Before MARTIN, Chief Judge, and SIMONS and McALLISTER, Circuit Judges.


MARTIN, Chief Judge.

The plaintiff in a damage suit for personal injuries received in an automobile accident has appealed from a directed verdict against him in the United States District Court for Eastern Kentucky.

The District Judge, in directing the verdict, stated that it was contributory negligence for the plaintiff to get out of the automobile, turn it over to an "extremely drowsy, sleepy man"; and then go to sleep himself "and assume the risk * * *...

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