Dempsey v. Knighton

PATTERSON, Justice:

This is an appeal by Roger Dempsey, plaintiff, from a judgment of the Circuit Court of Winston County in a personal injury suit wherein the jury found for the defendant, Mrs. Dorothy B. Knighton, ad-ministratrix of the estate of her deceased husband, Billy Gene Knighton. We reverse and remand because the lower court granted the defendant an instruction not supported by evidence and an erroneous “assumption of risk” instruction.

On June 28, 1968, Roger Dempsey, Jack Richardson, Billy Gene Knighton and Roy Knighton, the father of Billy Gene, planned a fishing trip to the Ross…