Barton v. Armstrong

The administratrix of the estate of Marion Charles Barton, plaintiff in this case, brought an action for damages against J. D. Armstrong, doing business as the J. D. Armstrong Company, alleging in two counts that the deceased was killed by being struck and run over by a trailer tractor owned by the defendant and operated by one of his employees. In Count I of the petition general allegations of negli genee were pleaded and it was therein particularly alleged that plaintiff was relying upon the doctrine of res ipsa loquitur. In Count II specific allegations of negligence were set out. The…