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CHATMAN v. JAMES H. DREW SHOWS, INC.

No. 72-1176.

465 F.2d 1031 (1972)

Richard CHATMAN, b/n/f Bernice Chatman and Bernice Chatman, Plaintiffs-Appellants, v. JAMES H. DREW SHOWS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 6, 1972.

Attorney(s) appearing for the Case

Wendal D. Jackson, Bristol, Tenn., for plaintiffs-appellants; Slaughter & Jackson, Bristol, Tenn., on brief.

J. Paul Coleman, Johnson City, Tenn., for defendant-appellee; Simmonds, Herndon, Johnson, Coleman, Brading & McKee, Johnson City, Tenn., on brief.

Before EDWARDS, PECK and KENT, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This is a personal injury action by an employee of a traveling carnival against his employer seeking recovery for injuries he received when he was accidentally run over while asleep under one of the carnival's trucks. The case was tried in the District Court without a jury and the Court held that the suit was barred by application of the fellow servant doctrine under the Kentucky law. This appeal was then perfected, contending that the...

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