Hughes v. Bates' Adm'r

Opinion of the Court by

Stanley, Commissioner

Affirming.

This is an unusual automobile case. The highway between Cumberland and Harlan, at the place of accident, is on a high fill. Enoch Bates and his family lived on the. south side at the foot of the embankment about 30 feet from the road. In the late afternoon of November 17, 1936, Mrs. Bates drove her cow on a path running diagonally up the fill to the road, and according to her testimony, when the cow had her forefeet on the hard surface the defendant’s truck came down the road, with out its lights burning, at about 70 miles an hour, on its…