Legal Opinion

Mahan v. Litton

Court of Appeals of Kentucky (pre-1976)

Decided February 20, 1959PublishedCited by 13 opinions

1Opinion of the Court

STANLEY, Commissioner.

The appeal is from a judgment for $3,-500 damages for personal injuries sustained by the appellee, Willis Litton, represented by his guardian, when a truck being driven by the appellant James Mahan and owned by the appellant Dr. Pepper Bottling Company of Paintsville and Pikeville, Kentucky, left the highway and overturned. The primary question is whether the plaintiff may maintain the common law action for damages rather than have sought relief under the Workmen’s Compensation Act, KRS 342.001 et seq. Other questions of contributory negligence and excessive damages are…

2Cases cited5 opinions

  1. Sam Horne Motor and Implement Company v. GreggCourt of Appeals of Kentucky (pre-1976) · 1955
  2. Brewer v. MillichCourt of Appeals of Kentucky (pre-1976) · 1955
  3. New Independent Tobacco Warehouse, No. 3, Inc. v. LathamCourt of Appeals of Kentucky (pre-1976) · 1955
  4. Farrell v. Pinson Transfer CompanyCourt of Appeals of Kentucky (pre-1976) · 1956
  5. Standard Oil Co. v. CheekCourt of Appeals of Kentucky (pre-1976) · 1939

3Cited by13 opinions

  1. Boggs v. Blue Diamond Coal Co.Court of Appeals for the Sixth Circuit · 1979
  2. King v. Shelby Rural Electric Cooperative Corp.Court of Appeals of Kentucky (pre-1976) · 1973
  3. John M. Brown v. Tennessee Gas Pipeline CompanyCourt of Appeals for the Sixth Circuit · 1980
  4. Travelers Indemnity Co. v. RekerKentucky Supreme Court · 2003
  5. Cochran v. International Harvester Co.District Court, W.D. Kentucky · 1975

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