Gumm v. Combs

CAMMACK, Judge.

Early in the afternoon of December 5, 1953, Calvin Combs, a five year old boy, was playing along the edge of U. S. Highway 15 in front of a church near Breedings Creek in Knott County. He suddenly darted across the road, and was struck while crossing by a car driven by Boyd Gumm. This action was instituted by Rado Combs, father and statutory guardian of Calvin, to recover damages for the boy’s injuries and suffering. Gumm pleaded in defense a general release executed by Rado Combs on January 12, 1954, and moved for a summary judgment. After considering depositions filed in…