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CHRISTIAN APPALACHIAN PROJECT, INC. v. BERRY

487 S.W.2d 951 (1972)

CHRISTIAN APPALACHIAN PROJECT, INC., et al., Appellant, v. Clinton BERRY, Adm'r of the Estate of Donny Berry, Deceased, Appellee.

Court of Appeals of Kentucky.

November 17, 1972.

Attorney(s) appearing for the Case

A. R. Burnam, III, Clay Shackelford, Shackelford, Burnam & Thompson, Richmond, for appellant.

Carl G. Cunnagan, McKee, for appellee.

REED, Justice.

This is a wrongful death action in which the plaintiff, the personal representative of Donny Berry, recovered judgment for $15,952.85 against the defendant, Christian Appalachian Project, Inc., (hereinafter designated C.A.P.). C.A.P. appeals from this judgment, which was entered in accordance with a jury verdict, on two grounds: first, that there was no evidence of negligence on its part, and second, that even though it be conceded that there was sufficient...

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