Perry v. Harris

This appeal comes to this court on questions of law from a judgment entered for the plaintiff after trial of the issues in the Cleveland Municipal Court in an action for money only. The plaintiff’s petition sets out that on October 2, 1962, the defendant, through one of his employees, a driver of one of his trucks, acting in the course of his employment, negligently backed his truck into the truck of the plaintiff, which *23was then standing on the Lakeland Freeway, then under construction, waiting to unload crushed stone into a stone spreader. It is alleged that plaintiff’s truck was severely…