Hatfield v. Sargents Admx

STANLEY, Commissioner. The appeal is from a judgment for $5,000 against Ben Hatfield, the owner, and Clayton Moyers, the driver of a taxicab, for the death of Washington Sargent. The accident occurred on Winchester Avenue, in Middlesboro, after 11 oclock on the night of December 8, 1945. The street had no sidewalk or curbing and was but a continuation of the highway. It has a 22-foot black top paving and a 2-foot berm or shoulder, beyond which on the side where Sargent was struck there were high weeds and a ditch. He had suffered severe injuries on his head and a broken leg and died while being prepared for a surgical operation at the hospital two or three hours later.