Byrd v. Booth

ALLEN, Judge.

The appellant was the plaintiff below and the appellees were the defendants. The complaint was based on negligence arising from a motor vehicle collision. The defendants filed an answer alleging contributory negligence on plaintiff’s part. The defendants took the deposition of the plaintiff and the plaintiff took the deposition of the defendant, John Wesley Booth, the driver of the defendant’s oil truck. The defendants filed a motion for summáry judgment primarily on the ground that the pleadings and depositions showed that plaintiff was guilty of contributory negligence.

The…