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DURBIN v. NALLY, BALLARD, AND SALTSMAN, INC.

279 S.W.2d 18 (1955)

Amos M. DURBIN, Sr., Administrator of the Estate of Amos M. Durbin, Jr., Deceased, Appellant, v. NALLY, BALLARD, AND SALTSMAN, Inc., et al., Appellees.

Court of Appeals of Kentucky.

May 6, 1955.

Attorney(s) appearing for the Case

D. G. Boleyn, Don A. Ward, Hazard, for appellant.

W. W. Reeves, M. P. Barret, Hazard, for appellees.

CLAY, Commissioner.

Appellant filed a petition for a new trial under Section 340(7) of the Civil Code on the ground of newly discovered evidence. A demurrer to this petition was sustained, and it was dismissed.

Appellant represents the estate of one Amos Durbin who was fatally injured in February, 1950, when he fell from a bridge being constructed in the City of Hazard. Suit was filed against appellees for damages, and the action was tried in April 1952. The...

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