JOHNSON v. SIMPSON COUNTY SEED & IMPLEMENT CO.


438 S.W.2d 340 (1969)

Barbara JOHNSON et al., Appellants, v. SIMPSON COUNTY SEED & IMPLEMENT COMPANY, Appellee.

Court of Appeals of Kentucky.

February 28, 1969.


Attorney(s) appearing for the Case

G. D. Milliken, Jr., Milliken & Milliken, Bowling Green, for appellants.

James H. Lucas, John David Cole, Maxey Harlin, Harlin, Parker, Ricketts, Lucas & English, Bowling Green, for appellee.


CLAY, Commissioner.

Plaintiff appellant is a 13-year-old boy who suffered injuries to his toes when a piece of heavy machinery owned by defendant appellee fell on his foot. At the conclusion of plaintiff's evidence the trial court directed a verdict for the defendant. It is not clear whether the basis of this ruling was that defendant was not negligent or that the plaintiff was contributorily negligent as a matter of law.

Defendant is in the farm machinery...

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