Kelly v. Green

GRISSOM, Chief Justice.

Edward and Gertie Green recovered a judgment against Bobby Joe McWhorter and F. L., William R. and James B. Kelly for damages sustained in a collision between the Kellys’ truck driven by McWhorter and the Greens’ automobile. The Kellys have appealed.

The Kellys were partners in Kelly grain Company and owned elevators in Megargle and Weinert. McWhorter had been hired as the Kellys’ “elevator man” at Megargle but in August the Kellys had started tearing down and rebuilding their elevator at Wein-ert. For about five days before the collision William R. and James B. Kelly…