Opinion · Kylaw Kentucky

COOPER v. BERRY, 267 S.W.2d 736 (Ky. 1954)

COOPER v. BERRY., 267 S.W.2d 736 (Ky. Ct. App. 1954)

Type
Opinion
Court
Kylaw Kentucky
Jurisdiction
Kylaw
Date
1954-04-30
Topic
general

COOPER v. BERRY, 267 S.W.2d 736 (Ky. 1954) COOPER v. BERRY.Court of Appeals of Kentucky. April 30, 1954. Appeal from the Circuit Court, Ballard County, Elvis J.

Citator

UpLaw has not yet analyzed COOPER v. BERRY, 267 S.W.2d 736 (Ky. 1954). The absence of a flag is not a finding that it is good law.

COOPER v. BERRY,267 S.W.2d 736(Ky. 1954)
COOPER v. BERRY.
Court of Appeals of Kentucky.
April 30, 1954.
Appeal from the Circuit Court, Ballard County, Elvis J. Stahr, J.
Earl Osborne, Benton, for appellant.

M. C. Anderson, Wickliffe, for appellee.
PER CURIAM.
This is a motion for an appeal from the Ballard Circuit Court, Elvis J. Stahr, Judge, on a directed verdict in an action to recover $228.54 on a charge against the defendant, who operated a service station, for negligence in failing to grease the transmission of the plaintiff's truck.

We think the trial court properly sustained a demurrer to the petition as amended, because the allegations were not sufficient to show that the failure to grease the transmission was the proximate cause of the damage.

The motion for an appeal is overruled, and the judgment is affirmed.