JOHNSON v. BREY


438 S.W.2d 535 (1969)

Joseph Mark JOHNSON, etc., Appellant, v. Robert BREY, etc., Appellee.

Court of Appeals of Kentucky.

March 7, 1969.


Attorney(s) appearing for the Case

George S. Wilson, III, Wilson & Wilson, Owensboro, for appellant.

Marvin P. Nunley, Clarence McCarroll, Bartlett, McCarroll & Nunley, Owensboro, for appellee.


DAVIS, Commissioner.

In this action Joseph Mark Johnson, a six-year-old boy, seeks damages for personal injuries allegedly caused by the negligence of Robert Brey, a boy who was ten years of age at the time of the accident. We shall refer to the boys as Mark and Bobby.

A jury returned its verdict in favor of Bobby, and this appeal is prosecuted in behalf of Mark asserting three grounds for reversal: (1) A directed verdict should have been given for the plaintiff...

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