Miller v. Poole

DAVIS, Commissioner.

Johnny Miller and Paul Miller, his younger brother, were injured when they were struck by an automobile operated by Stanley Poole along Greenwood Road in Jefferson County in the early evening hours of November 24, 1963. The Miller boys were on a bicycle at the time of the accident. A jury returned its verdict for the appellees, Stanley Poole and his father, and judgment was entered dismissing the complaint. The appellants attack the judgment, asserting: (1) that the evidence of Stanley Poole established his negligence as a matter of law, and (2) that the lower court erred…