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CANTRILL CONSTRUCTION COMPANY v. GANN

432 S.W.2d 51 (1968)

CANTRILL CONSTRUCTION COMPANY, Appellant, v. Cecil GANN et al., Appellees. Tip HINKLE, Appellant, v. BROWN WOOD PRESERVING COMPANY and Cecil Gann et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 25, 1968.

Attorney(s) appearing for the Case

Cole & Cole, Barbourville, for appellant Cantrill Construction Co.

Joe Nagle, Denham, Ralston & Nagle, Middlesboro, Lohren F. Martin, Sutton, Martin & Forcht, Corbin, for appellees Cecil Gann, and others, and Brown Wood Preserving Co.

Carlos Pope, Barbourville, for appellant Tip Hinkle.

CULLEN, Commissioner.

Cantrill Construction Company had a contract for resurfacing with blacktop a portion of U. S. Highway No. 25E extending from Corbin toward Barbourville. By July 18, 1963, it had substantially completed the work except for a short piece close to Corbin. On that day a tractor-trailer unit owned by Brown Wood Preserving Company and driven by Cecil Gann, while being operated over the highway in the direction of Barbourville, at a point around six...

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