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HAMILTON v. HAYES FREIGHT LINES

251 S.W.2d 277 (1952)

HAMILTON v. HAYES FREIGHT LINES, Inc.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 17, 1952.

Attorney(s) appearing for the Case

Shumate & Shumate, Irvine, for appellant.

E. B. Rose, Beattyville, Redwine & Redwine, Winchester, Smith, Reed & Leary, Frankfort, for appellee.

LATIMER, Justice.

The sole question is whether concealment of a settlement made before trial with one alleged joint tort feasor constituted such fraud as would justify the setting aside of the judgment under the provisions of section 518(4) of the Civil Code of Practice.

On December 5, 1949, Harold Ray Hamilton (hereinafter referred to as Hamilton) and his mother, Grace, sued the Hayes Freight Lines (hereinafter referred to as Hayes) and John Winn, alleging...

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