Ray v. Moxon

For convenience the parties to this appeal will carry the same designation as in the trial court.

Plaintiff Le Roy Moxon, by next friend, brought suit against E. E. Ray and the Commercial Standard Insurance Company, defendants, for damages. The substance of his cause of action against Ray was that said Ray had negligently struck the motorcycle on which he was riding on the Bankhead Highway near the town of Big Spring, with his automobile, inflicting physical injuries not necessary here to set out.

For cause of action against the other defendant herein, plaintiff alleged: "That defendant,…