Pearce, Young, Angel Company v. Ward

Pearce, Young, Angel Company sued E. C. Ward for damages to its truck and cargo alleged to have resulted from the negligence of the defendant’s servant. The declaration in attachment alleged that the truck was in charge of the defendant’s servant. The plaintiff tendered the following amendment to its declaration which was disallowed: “That the driver and person in charge of the truck of F. C. Ward was at the time of the accident and wreck in. charge of said truck; that he was present on said truck and in charge of said truck and responsible for the operation of said truck, but that he…