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PAYNE v. ZAPP

431 S.W.2d 890 (1968)

Oscar PAYNE, Jr. and Elaine Thomas Henton, Appellants, v. Edward M. ZAPP, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 18, 1968.

Attorney(s) appearing for the Case

C. M. Leibson, Leibson & Leibson, Louisville, for appellants.

Edwin O. Davis, Davis & Mahan, Louisville, for appellee.

CULLEN, Commissioner.

Appellants Oscar Payne, Jr., and Elaine Thomas Henton, while attempting to walk across Broadway Street in Louisville at 2:00 a. m. on a night in August, were struck and severely injured by an automobile driven by the appellee Edward M. Zapp. In the appellants' suit for damages against Zapp the jury found against them and judgment was entered dismissing their claims. The instant appeal is from that...

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