Eubank v. Spencer

The plaintiff, Kathleen Leake Spencer, an infant, suing by her father and next friend, William Carroll Spencer, filed a motion for judgment against the defendant, James William Eubank, to recover damages for personal injuries inflicted upon her when an automobile in which she was a passenger was struck by a car driven by the defendant. Plaintiff alleged, in addition to the usual allegations of negligence and claim for compensatory damages found in cases involving automobile collisions, that the defendant at the time and place of the accident was operating his automobile while under the…