321 S.W.2d 243 (1959)

James MAHAN & Dr. Pepper Bottling Company, Paintsville, Kentucky, Appellants, v. Georgie LITTON, Guardian for Willis Litton, Appellee.

Court of Appeals of Kentucky.

February 20, 1959.

Attorney(s) appearing for the Case

W. A. Johnson, Paintsville, Robert L. Milby, Lexington, for appellants.

G. C. Perry, III, Paintsville, for appellee.

STANLEY, Commissioner.

The appeal is from a judgment for $3,500 damages for personal injuries sustained by the appellee, Willis Litton, represented by his guardian, when a truck being driven by the appellant James Mahan and owned by the appellant Dr. Pepper Bottling Company of Paintsville and Pikeville, Kentucky, left the highway and overturned. The primary question is whether the plaintiff may maintain the common law action for damages rather than have sought relief...

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