Cohen v. Fayette

Mr. Presiding Justice Fitch

delivered the opinion of the court.

This writ of error is brought to reverse a judgment for damages for personal injuries alleged to have been sustained by the plaintiff when he was struck by an automobile delivery truck belonging to defendant. The three counts of the declaration on which the case was tried charge that the accident happened through the negligence of defendant’s servant in charge of the automobile. With his plea of not guilty, the defendant filed special pleas alleging that at the time of the accident the man in charge of the automobile was not…