MILBY v. MEARS


580 S.W.2d 724 (1979)

James H. MILBY, Appellant, v. Clell R. MEARS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 23, 1979.

Discretionary Review Denied June 5, 1979.


Attorney(s) appearing for the Case

Morris Butler, Greensburg, for appellant.

John Smith, Lebanon, for appellee.

Before HAYES, PARK and REYNOLDS, JJ.


PARK, Judge.

This case is an appeal from an order of the Green Circuit Court granting a motion for judgment n. o. v. and dismissing the complaint of the plaintiff-appellant, James H. Milby, in an action arising out of an injury sustained by Milby while working in the tobacco barn of the defendant-appellee, Clell R. Mears.

Two questions are presented on appeal. First, did Milby waive his right to challenge the trial court's findings that he was contributorily...

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