Kimbrough v. Johnson

Appellant ¡brought this suit against appellee in the circuit court of Clark County to recover damages in the sum of $5,000' for injuries which he re-ceived by falling in a hole alleged to have been excavated and negligently left open by appellee’s employees when they removed a gasoline tank appellee had theretofore installed by burying same in the street in front of appellee’s store in Hollywood.

Appellee filed an answer denying that his employees negligently left the hole open; and a cross-complaint alleging that appellant was indebted to him in the sum of $99.54 with six per cent, interest…