Hatfield v. Sargent's Adm'x

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The appeal is from a judgment for $5,000 against Ben Hatfield, the owner, and Clayton Moyers, the driver of a taxicab, for tbe death of Washington Sargent. The accident occurred on Winchester Avenue, in Middlesboro, after 11 o’clock on the night of December 8, 1945. The street had no sidewalk or curbing and was but a continuation of the highway. It has a 22-foot black top paving and a 2-foot berm or shoulder, beyond which on the side where Sargent was struck there were high weeds and a ditch. He had suffered severe injuries on his head…