JONES v. HEADY


553 S.W.2d 288 (1977)

Raymond E. JONES, M.D., et al., Appellants, v. M. L. HEADY and Willia Heady, his wife, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 8, 1977.


Attorney(s) appearing for the Case

Frank W. Burke, George S. Schuhmann, Louisville, for appellants.

Joseph C. O'Bryan, O'Bryan & Darnell, Louisville, for appellees.

Before HOWARD, REYNOLDS and VANCE, JJ.


VANCE, Judge.

This appeal presents a novel question as to the admissibility in evidence of out-of-court statements of an employee adverse to the interest of the employer.

The appellant visited appellees' farm to view some cattle in which he had an interest which were being kept by appellees. To gain access to the farm appellant attempted to walk across a cattle guard made of 2 X 6 oak boards suspended on edge above a shallow pit. Appellant fell while attempting...

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