Sullivan v. Strong

THOMAS J. HENNESSY, Special Commissioner.

On August 4, 1960, the appellee was a guest-passenger in the automobile operated by the appellant as they traveled beneath a railroad viaduct on Third Street near Eastern Parkway in Louisville, Kentucky. It was a warm night, and the appellee had his arm resting on the windowsill of the automobile. The appellant allowed his car to gradually move over next to the right-hand side of the viaduct and in so doing the appellee’s right elbow struck the edge of the viaduct, and the injuries complained of resulted.

A number of conflicting statements, some written…