Towry v. Moore

MERRILL, Justice.

This appeal is from a judgment in favor of plaintiff for $15,000 as a result of defendant’s automobile colliding with plaintiff’s son who stood near the paved highway and was killed.

Count One, charging simple negligence, alleged that defendant, Joe David Towry, the agent, servant or employee of defendants, Edward Eli Mason and Eva Lou Mason Towry, while acting within the line and scope of his agency, so negligently drove the automobile against the body of the deceased that he was killed. Count Two charged wantonness, but as the verdict was addressed to Count One, we are not…