Herring v. Humphrey

Plaintiff’s evidence tends to show persons of all ages frequently passed along Grainger Avenue, the railroad track and on or near the vacant lot where the bulldozer was parked. It does not disclose (1) when, why, or by whom, the bulldozer was parked on this vacant lot, or any circumstance incident to the parking thereof, or (2) whether it had been parked at this location on any occasion prior to December 1, 1958, or (3) the ownership of the lot on which it was parked.

The testimony of Elijah Jones is the only evidence as to where the bulldozer was parked. Buck Waters testified the lot referred…