MARSHALL v. MERRIFIELD


474 S.W.2d 99 (1971)

Charles R. MARSHALL, Appellant, v. Charles P. MERRIFIELD, Appellee.

Court of Appeals of Kentucky.

December 3, 1971.


Attorney(s) appearing for the Case

Frank E. Haddad, Jr., Louisville, for appellant.

Ernest H. Clarke, Stites & McElwain, Louisville, for appellee.


PALMORE, Judge.

This is the second appeal of an automobile-pedestrian case, the first trial having resulted in a directed verdict and judgment for the defendant, Merrifield, followed by a reversal on the ground that the plaintiff, Marshall, had a submissible jury case under the last clear chance doctrine. Marshall v. Merrifield, Ky., 431 S.W.2d 870 (1968). In the second trial that was the only theory of liability presented by the...

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