Conley v. Marshall

Opinion op the Court by

Clay, Commissioner

Reversing.

This is an appeal from a judgment of the Magoffin Circuit Court dismissing appellant’s petition after overruling a demurrer to appellees’ plea in abatement.

Both appellant and the two appellees are residents of Magoffin County, Kentucky. On June 11, 1946, in Breathitt County, Kentucky, a bus owned by appellant collided with a motor vehicle being driven by appellee, Guy Marshall, who was accompanied by appellee, Luther Conley. Apparently this mishap resulted in damage to both vehicles and personal injuries to the two appellees.

In August 1946,…