ROSE v. BRANDENBURG


449 S.W.2d 763 (1970)

Edd ROSE and Tank Service, Inc., Appellants, v. Troy Gene BRANDENBURG and Patton Brandenburg, Appellees. Troy Gene BRANDENBURG and Patton Brandenburg, Appellants, v. Edd ROSE and Tank Service, Inc., Appellees.

Court of Appeals of Kentucky.

January 16, 1970.


Attorney(s) appearing for the Case

Edward Jackson, Buford A. Short, Rose & Short, Beattyville, for appellants and cross-appellees.

H. M. Shumate, Shumate, Shumate & Flaherty, Irvine, for appellees and cross-appellants.


NEIKIRK, Judge.

Appellant Edd Rose was operating his farm tractor with plows attached along a graveled road in Lee County. Meeting Rose was a gasoline truck operated by Bill Stamper and belonging to appellant Tank Service, Inc. Rose hailed his friend Stamper, who stopped the gasoline truck on the road opposite the farm tractor. This maneuver blocked the entire road. The friends engaged in conversation, evidently oblivious to the hazard they had created for those using...

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