Clem Lumber Co. v. Fisher

Charles Fisher, a minor, and his mother, Mrs. Delphine Fisher, in a trial before a jury, recovered judgment against W. L. Gibbs, Jr., and Clem Lumber Company, a corporation, jointly and severally, for a total sum of $14,395.25, for damages growing out of certain personal injuries suffered by Charles Fisher as the result of a collision between a truck driven by Gibbs and an automobile in which Fisher was riding. Clem Lumber Company alone appealed.

The appellant assigns as error the refusal of the trial court to give an instructed verdict in its behalf. Giving the evidence that construction most…