Yates v. Wilson Bros. Trucking Co.

STEINFELD, Judge.

This is the third case we have considered recently in which a road construction workman was killed or injured by a truck which was backing to unload aggregate into a spreader, an open box-like receptacle. William Cecil Ward, the first, lost his life while working on the reconstruction of U.S. Highway 60 in Daviess County. Recovery was denied because he was found contributorily negligent as a matter of law. Ward v. Owensboro River Sand and Gravel Company, Ky., 431 S.W.2d 884 (1968). Conversely, Cecil Slusher’s administrator succeeded in recovering from the hauling contractor…