Whitson v. Frances

BaRNIíill, C. J.

In paragraph 7 of his complaint plaintiff alleges various acts of negligence on the part of the operator of the pickup truck “causing said pickup truck to strike the plaintiff’s intestate, Monroe Whitson, with crushing impact at a time when the said Monroe Whitson was lawfully walking upon his extreme left-hand side or shoulder of said highway going in a northerly direction.”

The defendants in their answer deny all the allegations contained in said paragraph.

At the trial plaintiff tendered in evidence that part of paragraph 7 which is above quoted. On objection, this evidence…