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MEYER v. SMITH

428 S.W.2d 612 (1968)

Edward Paul MEYER, Jr., an Infant Who Sues by his father and Next Friend, Edward Paul Meyer, Sr., Appellant, v. David Wayne SMITH, an Infant, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 28, 1968.

Attorney(s) appearing for the Case

Henry A. Triplett, Hogan, Taylor, Denzer & Bennett, Louisville, for appellant.

Raymond O. Harmon and William P. Swain, Boehl, Stopher Graves & Deindoerfer, Homer Parrent, Jr., Louisville, for appellee.

WILLIAMS, Chief Justice.

Edward Paul Meyer, Jr., thirteen years of age, lost his left eye as a result of being struck in the face by a golf club swung by David Wayne Smith, ten years of age. In Edward's suit against David for damages the jury found against Edward and judgment was entered dismissing the claim. Edward has appealed.

The main contention of the appellant is that he was entitled to a directed verdict...

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