Fleming v. Campbell

Opinion of the Court by

Judge Latimer

Affirming.

Appellee obtained judgment for damages to Ms car and for the loss of the use thereof. Appellants are here seeking reversal of that judgment.

The action grew out of an accident wherein a truck owned by appellant, Marvin Fleming, collided with the automobile of John Campbell. The collision occurred a little after dark on November 25, 1946. Appellee was traveling east on Route 23 toward Paintsville. The truck was traveling west. Appellee, plaintiff below, brought the action against Fleming charging gross negligence. Fleming defended alleging that…