Clements v. Peyton

DAVIS, Commissioner.

Appellant’s decedent, Lee Clements, was fatally injured when struck by appellee’s automobile. A jury returned a verdict for appellee; appellant attacks the ensuing judgment by contending that the court erroneously excluded competent evidence, the verdict is contrary to the evidence, and certain instructions erroneously were refused and others erroneously given.

The fatal accident occurred shortly after 10:0Q p. m. on April 29,1963, during a heavy and blinding rainstorm. The decedent was walking across Taylor Boulevard in Louisville when he was struck by appellee’s car. The…