Gilbert's Adm'r v. Allen

Opinion op the Count by

Judge Penny

Reversing.

John C. Gilbert, administrator of the estate of Joe Gilbert, brought this action in the Laurel circuit court against Charles E. Allen, as growing out of the death of Joe Gilbert, caused, it was alleged, by defendant’s negligence when so driving his truck as to .strike and kill him.

The uncontradieted evidence shows that the accident occurred about 6:30 or 7 o’clock of the evening of March 17, 1934, or “just about the edge of dark,” when the deceased, Joe Gilbert, was walking along the Dixie highway in the town of Lily, Laurel county, Ky., and was run…