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SMITH v. HENSLEY

354 S.W.2d 744 (1961)

M. H. SMITH et al., etc., Appellants, v. Clyde HENSLEY, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 2, 1962.

Attorney(s) appearing for the Case

Roy W. House, Manchester, Denney & Landrum, Lexington, for appellants.

A. E. Cornett, Hyden, for appellee.

STANLEY, Commissioner.

The action is by Clyde Hensley, one of eight partners constituting the firm of Mary Gail Coal Company, against all the partners, including himself by name, to recover damages for the value of a motor truck owned individually by the plaintiff, which he alleges was destroyed by the negligence of employees of the partnership.

The partnership operated a coal mine near Hyden and had its production transported by a fleet of thirty or more...

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