Burton v. Spurlock's Adm'r

Opinion op the Court by

Judge Rees

Reversing.

On December 10, 1940, at about 4 o’clock p. m., Peggy Joyce Spurlock, an infant about six years of age,, was struck and killed by an automobile at Cawood, an unincorporated town, on the highway between Harlan, Kentucky, and Pennington Gap, Virginia. The automobile was being operated as a taxi and was driven by Jack Pennington. It is claimed that it was owned by the appellant, Maud Jones Burton, but proof of- its ownership was meager. Dewitt Spurlock, father of the deceased child, qualified as administrator of her estate, and brought suit to recover…