LOUISVILLE TRUST COMPANY v. NUTTING


437 S.W.2d 484 (1968)

LOUISVILLE TRUST COMPANY, Successor Statutory Guardian for Michael Bollinger, Appellant, v. Louise M. NUTTING, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 14, 1969.


Attorney(s) appearing for the Case

Stanley R. Badesch, Allen Schmitt, Louisville, for appellant.

John G. Crutchfield, Jones, Ewen, MacKenzie & Peden, Louisville, for appellee.


CLAY, Commissioner.

This is a suit for personal injuries suffered by a three-year-old child who was burned while on appellee's premises. At the close of the plaintiff's evidence, the trial court directed a verdict for appellee.

On the day of the accident appellee's workman had burned a pile of leaves in the back yard. He left without completely extinguishing the fire, although it appears that all that remained were smoldering ashes. Appellee also left home...

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