RUBY CONSTRUCTION COMPANY v. TACKETT


479 S.W.2d 591 (1972)

RUBY CONSTRUCTION COMPANY, Appellant, v. James F. TACKETT, Appellee. James F. TACKETT, Cross-Appellant, v. RUBY CONSTRUCTION COMPANY, Inc., Cross-Appellee.

Court of Appeals of Kentucky.

March 31, 1972.


Attorney(s) appearing for the Case

Wayne J. Carroll, Ewen, MacKenzie & Peden, Louisville, for appellant and cross-appellee.

Ronald G. Polly, Whitesburg, for appellee and cross-appellant.


PALMORE, Judge.

Plaintiff, a highway department inspector at a construction project, was injured when a piece of the sidewalk on which he was standing next to an excavation fell in. Defendant, the contractor whose work was being inspected, had made the excavation and was driving piles into its floor. Plaintiff recovered $3877.76 on a jury verdict. Defendant appeals on the ground it was entitled to a directed verdict. Plaintiff cross-appeals on the ground the damages...

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