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FORD & SON PAVING CONTRACTORS, INC. v. PROFFITT

414 S.W.2d 406 (1967)

FORD & SON PAVING CONTRACTORS, INC., Appellant, v. Golda PROFFITT et al., Appellees.

Court of Appeals of Kentucky.

April 21, 1967.

Attorney(s) appearing for the Case

Henry H. Dickinson, Richardson, Barrickman & Dickinson, Glasgow, Paul Carter, Abe Carter, Tompkinsville, for appellant.

Robert C. Carter, Glasgow, for appellees.

OSBORNE, Judge.

Appellants are road contractors. In May of 1963, they were constructing a portion of the Nobob Road in Barren County, Kentucky. They were operating several dump trucks over the road, the surface of which was white rock covered with oil. The weather apparently was warm and, as the trucks traveled over the road, the sticky oil on the loose rocks caused considerable commotion and noise from the flying rock. According to the testimony, the road had been...

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