Daniel v. Kerby

EDWARD P. HILL, Judge.

On December 20, 1962, near twilight on a rainy evening, Boston Sandlin left his disabled Ford truck standing in the southbound lane of U. S. 421 a few miles south of Richmond, Kentucky, without lights or flares or anyone to flag traffic. A few minutes later and after full darkness had fallen, William Floyd Kerby was driving a Ford touring car southwardly with Tip Davenport and Vernon Kerby as his passengers or guests. Paul Daniel was driving south in his Chevrolet just following the Kerby Ford car.

As Kerby came upon the dark and disabled truck belonging to Sandlin, he…