Moore-Handley Hardware Co. v. Williams

GARDNER, Justice.

Suit by the administrator of the estate of James E. Mooskey, deceased, under the homicide statute, Code 1923, § 5696, to recover damages for the alleged negligence of the servant or agent of defendant, Moore-Handley Hardware Company, in and about the operation of an automobile on a public road, proximately resulting in the death of plaintiff’s intestate, a pedestrian on the highway.

The automobile that struck Mooskey was owned by one McClinton, and operated by him at the time.

Upon the question o'f McClinton’s negligence, as well as contributory negligence on the part, of…