Dale v. E. R. Knapp & Sons, Inc.

HILL, Judge.

At the conclusion of plaintiff’s evidence the trial court directed the jury to find for defendants, appellees here. This appeal followed.

In January 1964, appellant, plaintiff in the circuit court, ran into a large excavation on the shoulder of Deepwood Drive in Radcliff, Kentucky. Appellees were at that time the contractors with the city for the construction of a sewer system.

Appellant was traveling north on Deep-wood Drive, a street 14 to 16 feet wide without curbing, when he met another vehicle traveling south. Appellant testified that the unidentified and unknown operator of…