Gaines v. Thomas Ex Rel. Estate of Martin

Brailsford, Justice.

In October of 1957, an automobile driven by William Joseph Martin, Jr., defendant’s intestate, and a truck of Peerless Mattress Company, driven by Clyde Byars, collided on U. S. Highway No. 1 in Aiken County. Martin was killed and Melvin Gaines, the plaintiff in this action, who was working on the shoulder of the highway near the point of impact, was injured. Gaines brought this action in the Common Pleas Court for Aiken County against Martin’s personal representative, and this appeal is from a judgment in his favor.

Previously, Byars, the truck driver, testified in an…