Hayes v. Town of Cedar Grove

Fox, Judge:

In May, 1943, plaintiff, Wilburn Hayes, while employed by the defendant, Town'of Cedar Grove, a municipal corporation, was injured by falling from a truck being used in removing trash and garbage from the streets and premises adjacent thereto in said town. He thereafter instituted this action in the Circuit Court of Kanawha County, seeking to recover damages for such injury from the Town of Cedar Grove, basing his action upon alleged negligence in respect to the character of the truck so used, and the manner in which it was operated. In his declaration, he averred matters which…