Kiser v. Justice

PALMORE, Judge.

This appeal is from a judgment entered on a directed verdict for the defendant in a wrongful death action.

The decedent, Larry Tilden Kiser, a 6-year old boy, was struck and killed by an automobile driven by the appellee, Butler Justice, as he was running across U. S. Highway 460 in front of his home approximately two miles south of Pikeville, Ky. The little boy was in the company of his mother at the time of the accident, and the principal ground advanced in support of the directed verdict is that the mother was contributorily negligent. See Wheat’s Adm’r v. Gray, 1949, 309 Ky.…