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SMITH v. AKERS

393 S.W.2d 882 (1965)

Howard F. SMITH, Appellant, v. Ervin AKERS and Allen W. Akers, Partners Doing Business as Akers & Akers Contractors, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 15, 1965.

Attorney(s) appearing for the Case

Joe Hobson, Prestonsburg, Joseph J. Leary, Thomas F. Marshall, Frankfort, for appellant.

Howard, Francis & Howard, Prestonsburg, for appellees.

DAVIS, Commissioner.

Howard F. Smith sustained personal injuries when a short flight of steps he was using collapsed. The steps had been installed at Jenny Wiley State Park by the appellees, Akers and Akers, who had the construction contract at the park facility. A jury awarded appellant $40,000, but the trial court granted appellees a judgment n. o. v. following motions by appellees for new trial or judgment n. o. v. as permitted by CR 50.03.

Appellant seeks...

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