Smith v. Gillum

SIMS, Justice.

Appellee, Gillum, recovered judgment against appellant, Smith, for $10,000 damages and $3,250.10 hospital and doctors bills, resulting from injuries received when struck by appellant’s truck. The sole ground assigned for reversal is the court erred in not sustaining appellant’s motion for a directed verdict at the conclusion of appellee’s evidence.

Appellee owned and operated a small coal mine in Breathitt County which was located a 'few hundred yards from the highway. He had constructed a narrow dirt road on his farm leading from the highway to the mine. On March 6, 1950,…