Mercer v. Evans

SPEER, Justice.

This is an appeal by defendants T. E. Mercer and G. E. Mercer, doing business as T. E. Mercer Teaming and Trucking Contractor, from an adverse judgment in favor of plaintiff Marie Evans, a negro girl nine years of age, who sued, by and through her next friend (her father) Lewis Evans, for injuries sustained in a collision between a Mercer truck and an automobile driven by Lewis Evans, in which plaintiff Marie Evans was riding when she received the injuries complained of.

As we gather from pleadings of all parties, the accident happened at about 3:00 *208o’clock in the morning', when…