Baker v. Cities Service Oil Co.

This is an action by appellant to recover damages for personal injuries. The complaint alleged that a gasoline truck belonging to appellees, was parked on 9th street in the city of DeKalb, for the purpose of unloading gasoline to underground storage tanks at a filling station there located; and that while the truck was so parked, appellant, age five, in company with another small child, and while crossing 9th street, was struck by a passing car, as he came from behind the truck.

Appellees filed their motion to dismiss the complaint on the ground that it failed to allege a cause of action…