Burch v. Byrd

CLAY, Commissioner.

Sammy Burch, a four year old boy, was killed as the result of coming in contact with a moving truck owned by appellee. In a suit by appellant, his administrator, the jury denied recovery. On this appeal it is urged: (1) the trial court erroneously gave an instruction on the contributory negligence of Sammy’s parents; and (2) appellant was entitled to a directed verdict because the physical facts pointed unerringly to the negligence of the truck driver.

The accident took place one afternoon in Middlesboro near the intersection of highway 25 E and Cherry Avenue. The highway is…