Franklin v. Wooters

Respondent trundling a two-wheel pushcart, assertedly in the rain, south on the west side of the paved portion of Pocatello Avenue, a through or stop street, bordered by no sidewalk but a cinder footpath customarily used by pedestrians, in Pocatello, between 11 and 12 o’clock P. M., December 30, 1933, was struck from the rear by a taxicab, breaking his left leg below the knee, necessitating the amputation thereof, and cutting and bruising him, for which injuries he recovered a verdict against both Otis Wooters and Ora Ball for $16,000.

Respondent alleged Otis Wooters and Ora Ball were owners…