Bettis v. Rickett

BIRD, Judge.

Sherroll L. Bettis was killed by defendant's automobile while walking across U. S. Highway 31-W in Hardin County, Kentucky. The executrix of his estate filed this action to recover damages for his death. The case was tried by a jury who returned a verdict for the defendants. A judgment was entered thereon and plaintiff appeals. An erroneous instruction is asserted as the sole ground for reversal. In defining the decedent’s duties the court said:

“ * * * to keep a lookout for approaching cars and .if he saw, or by the exercise of ordinary care could have seen, the automobile which…