Boone v. Massey

Minor W. Millwee, Justice.

Appellees, Theodore T. Massey and Odel Massey, father and son, brought this action in the Franklin Circuit Court seeking damages for personal injuries allegedly sustained by them when the wagon in which they were riding was struck from the rear by a truck being driven by appellant, Bill Spillers, as the servant of appellants, S. O. Boone and Ira Taylor. Trial to a jury resulted in a verdict and judgment in favor of Theodore T. Massey for $4,000 and Odell Massey in the sum of $100.

For reversal of the judgment it is first insisted that the trial court erred in refusing…