Richard Chatman, B/n/f Bernice Chatman and Bernice Chatman v. James H. Drew Shows, Inc.

JOHN W. PECK, Circuit Judge.

This is a personal injury action by an employee of a traveling carnival against his employer seeking recovery for injuries he received when he was accidentally run over while asleep under one of the carnival’s trucks. The case was tried in the District Court without a jury and the Court held that the suit was barred by application of the fellow servant doctrine under the Kentucky law. This appeal was then perfected, contending that the District Court was in error in applying the Kentucky fellow servant doctrine under circumstances herein present. The cause of…