Prather's Adm'r v. Allen

Opinion op the 'Court by

Judge Pulton

— Reversing.

The question confronting us on this appeal is what duty the operator of a motor vehicle owes to an intoxicated person on the running board.

The action was filed by the appellant to recover damages for the wrongful death of his decedent, .Shelton Prather, who was killed when he fell from the running board of appellee’s truck while in an intoxicated condition. At the conclusion of all the evidence a verdict was directed for appellee and a reversal of the judgment entered on that verdict is sought.

The facts, as to which there is little dispute, were…