MELTON v. O. F. SHEARER & SONS, INC.

No. 19928.

436 F.2d 22 (1970)

Clara Rose MELTON, Administratrix of the Estate of Mark Melton, Deceased, Plaintiff-Appellant, v. O. F. SHEARER & SONS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

December 21, 1970.


Attorney(s) appearing for the Case

H. Solomon Horen, Louisville, Ky., for plaintiff-appellant; W. Mallam Lake, Hartford, Ky., on brief.

T. Kennedy Helm, Jr., Louisville, Ky., for defendant-appellee; Lively M. Wilson, Stites & McElwain, Louisville, Ky., on brief.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.


O'SULLIVAN, Senior Circuit Judge.

Plaintiff-appellant, Clara Rose Melton, administratrix of the estate of her deceased son, appeals from judgment entered upon a jury verdict which absolved defendant-appellee, O. F. Shearer & Sons, of liability for the alleged wrongful death of appellant's ten year old son. The son was drowned when a flatboat in which he was a passenger was swamped by stern waves created by appellee's towboat, then operating on the Green River...

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