Elmer v. Byrd

In this negligence action plaintiff has put in issue the matter of his alleged loss of earnings for some months after April 2, 1960. In his bill of particulars he states that his average weekly earnings for the year preceding the accident amounted to $150; and he claims loss of earnings in the sum of $1,110. He also states that at the time of the accident and for three months prior thereto he was employed by Bay Construction Co. of which he was an officer; and that for the calendar year 1959 he was employed by a different construction company and earned $5,845.16.

Defendants have moved for an…