Farmers' Educational & Co-Operative Union v. Eakins

WELCH, V. C. J.

This action was instituted by the defendant in error, hereinafter referred to as plaintiff, against the plaintiff in error, hereinafter referred to as defendant, to recover damages for personal injury.

Plaintiff alleged, in substance, that the defendant was the operator through the agency of subordinate division of a certain gasoline service station, and that the plaintiff drove upon the premises for automobile service, stepped into a hole in the driveway and was injured to his damage in the sum of $1,100, for which he prayed judgment. The defendant answered with a general and…