Howell v. Wallace E. Johnson, Inc.

The plaintiffs below, T. M. Howell and wife Florence Evelyn Bennett Howell, brought separate suits for damages sustained when Mr. Howell drove his automobile into a manhole which was partially covered with dirt and which protruded about eight inches above the level of the street under construction in a new subdivision being developed by the defendant, Wallace E. Johnson, Inc. The causes were tried jointly to a jury twice.

On the first trial the jury awarded Mrs. Howell $8,000 damages for personal injuries and Mr. Howell $303 for damages to his automobile.

A judgment was entered on each of said…