Cummins v. Woody

Mr. Special Justice Alan M. Prewitt

delivered the opinion of the Court.

This case is before the Court on a petition for certio-rari. The plaintiffs in error, J. W. Cummins and others, hereinafter referred to as defendants, seek to have the judgment of the Oonrt of Appeals affirming the judgment of the trial court awarding a recovery .of $2,000 to John 0. White reversed.

Mildred Lois Woody, an infant of five years, was struck and killed by a truck owned by the defendant Cummins and driven by his agent and driver Neas. The collision took place on February 21, 1940, and happened on the south side…