Penberthy v. Penberthy

KELLY, Judge.

This is an appeal from a judgment of the Circuit Court of Jefferson County ren dered on a jury verdict in favor of plaintiff and against his brother, the defendant, in the sum of $17,000.00 for personal injuries and special damages. The parties shall hereinafter be referred to as they were in the trial court, i. e., Paul D. Pen-berthy as “plaintiff” and Charles Penber-thy as “defendant.”

The facts are not in dispute; it is the legal principles involved which form the basis of this appeal.

On December 27, 1970, plaintiff, his wife and Michael Penberthy, brother of both the plaintiff…