Cooper v. Berry

Court of Appeals of Kentucky

Cooper v. Berry

267 S.W.2d 736, 1954 Ky. LEXIS 860

Court of Appeals of Kentucky·Decided April 30, 1954·Published

Opinion

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.

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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.

Cooper v. Berry, 267 S.W.2d 736, 1954 Ky. LEXIS 860 (Ky. Ct. App. 1954).

Pincite

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