Mahan v. Able

LATIMER, Justice.

The prime, and in fact only serious question presented by this appeal is whether or not appellant was entitled to a peremptory instruction.

The accident out of which this action arose occurred on Derby Day, May 7, 1949, at about 7:30 p. m. at the intersection of Eastern Parkway and Norris Place, Louisville. Appellant was driving his automobile westwardly on Eastern Parkway, a boulevard, which at this point was a three-lane highway, two lanes of which were used for eastbound traffic. 7'hese lanes were congested with automobiles leaving Churchill Downs. This congestion was…