Applegate v. Johnson

Opinion of the Court by

Judge Cammack

—Reversing.

The appellee, Patrick Johnson, sustained an injury when he was struck by an automobile driven by the appellant, Charles Applegate, about 7:30 p. m. on June 15, 1945, as he was walking on a highway in Jefferson County. The other appellant, Mrs. Catherine Apple-gate, was the owner of the car. According to Mr. Johnson, the Applegate car struck him from the rear as he and his son were walking along the shoulder of the highway on the right-hand side. The appeal is from a $1250 judgment in favor of Mr. Johnson.

It is urged that (1) the court committed…