STEINFELD, Judge.
On or about July 20, 1963, the appellant, Callie Brown, was struck by an automobile being driven by the appellee, Robert Smiley. The accident took place in Earlington, Hopkins County, Kentucky, while Mrs. Brown was walking along the sidewalk and Smiley was driving out of an alley which crossed over the sidewalk to one of the streets of the town.
On the trial Mrs. Brown, the plaintiff below, called Smiley, defendant below, as
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