Smith v. Brown-Service Ins. Co.

LAWSON, Justice.

This is a suit by Bill Ervin Smith, a minor, who sues by his next friend, Lee Smith, against Brown-Service Insurance Company, a corporation, and Liberty National Life Insurance Company, a corporation, to recover damages for personal injuries sustained by the said minor when he was struck by an automobile driven by Eugene H. Skipper.

At the conclusion of the plaintiff’s evidence, the trial court gave the affirmative charge for the defendants. The correctness of this action of the court is the only question presented on this appeal.

Plaintiff sought to hold defendants liable upon…