F. H. SAMMONS COAL COMPANY v. STAMPER


356 S.W.2d 35 (1962)

F. H. SAMMONS COAL COMPANY et al., Appellants, v. Leanner Smith STAMPER, Guardian for Franklin D. Smith, Age 8, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 1, 1962.


Attorney(s) appearing for the Case

Richard D. Cooper, Reeves, Barret & Cooper, Hazard, for appellants.

Cordell H. Martin, Hindman, for appellee.


WILLIAMS, Judge.

Franklin D. Smith, an eight-year-old boy, was injured when struck by a truck driven by L. R. Sammons. Trial was had in the Knott Circuit Court and the jury returned a verdict of $2500 in favor of Smith's guardian. This appeal is taken from the judgment entered on that verdict.

The accident occurred in a rural section, but near a small concentration of homes and a general store. Sammons drove his pick-up truck at a speed of less than 40 miles...

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