Christian Appalachian Project, Inc. v. Berry

REED, Justice.

This is a wrongful death action in which the plaintiff, the personal representative of Donny Berry, recovered judgment for $15,952.85 against the defendant, Christian Appalachian Project, Inc., (hereinafter designated C.A.P.). C.A.P. appeals from this judgment, which was entered in accordance with a jury verdict, on two grounds: first, that there was no evidence of negligence on its part, and second, that even though it be conceded that there was sufficient evidence to permit a jury finding of negligence, contributory negligence by the decedent was so clearly established that…