WHITTAKER v. COLE


390 S.W.2d 893 (1965)

McKinley WHITTAKER, Appellant, v. Lucas (Luke) COLE, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 11, 1965.


Attorney(s) appearing for the Case

J. K. Wells, Paintsville, Earl R. Cooper, Salyersville, for appellant.

Marcus Mann, Arnett Mann, Salyersville, for appellee.


CULLEN, Commissioner.

Upon a jury verdict Lucas Cole recovered judgment against McKinley Whittaker in the amount of $25,000 as damages for personal injuries sustained by Cole when he was struck by Whittaker's automobile. Whittaker appeals, contending that (1) a verdict should have been directed in his favor because Cole as a matter of law had assumed the risk, and (2) the damages are excessive.

Cole owned and operated a small commercial garage in which there...

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