Hodge v. Barnard

SIMS, Chief Justice.

These cases were filed in the Knox and Boyle Circuit Courts respectively, and the appeals have been consolidated. For the purpose of clarity the action in the Knox Circuit Court will be referred to as action No. 1, while the suit in the Boyle Circuit Court will be denominated action No. 2.

A collision occurred in Boyle County between a truck owned and driven by Hodge and a truck owned by Barnard and driven by his employee. After the collision Hodge filed action No. 1 in May of 1951, to recover property damages in the sum of $3,400 from Barnard. The answer of Barnard was a…