Legal Opinion · Dissent

Mitchell v. Doolittle ex rel. Doolittle

Court of Appeals of Kentucky

Decided June 28, 1968Published

1DissentOsborne, Judge

This case involves what is referred to in common parlance as a rear-end collision which happened in broad daylight. There is a question in evidence as to whether visibility was clear in the direction of the approaching vehicle for 162 feet or 517 feet. As I view the matter, this is of no significance. If there were a hill, appellee had the duty of not topping it at a speed that would be excessive when taking into consideration his forward visibility. I am concerned that the court refuses to recognize the validity of a long line of cases dealing with this exact situation. In Lexington-Hazard…

2Cases cited14 opinions

  1. Saddler v. ParhamCourt of Appeals of Kentucky (pre-1976) · 1952
  2. City of Providence v. YoungCourt of Appeals of Kentucky (pre-1976) · 1929
  3. McCarter v. Louisville & Nashville R.Court of Appeals of Kentucky · 1951
  4. McCarter v. Louisville & Nashville R. Co.Court of Appeals of Kentucky (pre-1976) · 1951
  5. Padgett v. BranganCourt of Appeals of Kentucky (pre-1976) · 1929

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