Fry & Kain v. Keen

Opinion op the Court by

Judge Clay

— Affirming,

Pry & Kain, a contracting firm composed of A. H. Pry and C. T. Kain, were engaged in sewer work in Jefferson county, and used a number of dump trucks for hauling sand and gravel. After dark on the evening of January 24, 1931, Barney Walters, an employee of the firm, was driving one of the trucks along Taylor boulevard. While going up what is known as Gallagher’s Hill, at a point just beyond the intersection of Bicknell avenue and Taylor boulevard, the dump truck was run into from the rear by a truck driven by C. W. Keen, who was accompanied by…