Button v. Drake

Judge Sims dissenting.

” As indicated in the dissent in the Helm case, 297 Ky. 803, 181 S. W. 2d 452, the majority at its first opportunity have overruled the Hikes case, 296 Ky. 163, 176 S. W. 2d 112, 150 A. L, R. 779. I am still of the opinion that the Hikes case is sound and that the Helm case is not, and for the reason given in my dissent in the Helm case, I now dissent from the majority opinion herein. However, I do agree with the majority that their decision should be given only prospective effect.