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MAHAN v. ABLE

251 S.W.2d 994 (1952)

MAHAN v. ABLE.

Court of Appeals of Kentucky.

Rehearing Denied November 13, 1952.

Attorney(s) appearing for the Case

Ernest Woodward, Woodward, Hobson & Fulton, Louisville, for appellant.

Davis, Boehl, Viser & Marcus, Louisville, Joseph E. Stopher, Louisville, for appellee.

LATIMER, Justice.

The prime, and in fact only serious question presented by this appeal is whether or not appellant was entitled to a peremptory instruction.

The accident out of which this action arose occurred on Derby Day, May 7, 1949, at about 7:30 p.m. at the intersection of Eastern Parkway and Norris Place, Louisville. Appellant was driving his automobile westwardly on Eastern Parkway, a boulevard, which at this point

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