MACKEY v. SPRADLIN


397 S.W.2d 33 (1965)

Edward L. MACKEY, Adm'r of the Estate of Gregory Burkhead, Deceased, Appellant, v. Homer SPRADLIN et al., Appellees.

Court of Appeals of Kentucky.

Modified on Denial of Rehearing December 17, 1965.


Attorney(s) appearing for the Case

Richard P. Watts, Luther M. Roberts, Louisville, for appellant.

John G. O'Mara, Louisville, for Spradlin & Mullins.

Joseph E. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, for Mr. Softee of Louisville, Sinkhorn & Simmons.


PALMORE, Judge.

At about 5:45 P.M. on April 27, 1961, an ice cream dispensing truck stopped on the north side of Knopp Avenue, a 2-lane street in a residential neighborhood of suburban Louisville, for the purpose of selling ice cream cones and the like. At once a number of children gathered around, including 7-year old Gregory Burkhead, who lived across the street south of and almost directly opposite the place where the ice cream wagon was standing. As he attempted...

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