Long v. Kirby-Smith

These are actions by Mr. and Mrs. Kirby-Smith for damages growing out of an accident involving an automobile owned by him and driven by her, a pickup truck owned and driven by Henry Long, and a coal truck owned by S. T. Nichols and driven by his servant Clyde Owens. Mrs. Kirby-Smith sued for personal injuries; Mr. Kirby-Smith, for damages to his car.

The negligence charged in each declaration was that the coal truck turned over in the highway at night; that the pickup truck came up and stopped beside the coal truck; that defendants negligently allowed both trucks to remain there obstructing…