Stroud v. . Transportation Co.

STACY, C. J., and BARNHILL, J., concur in dissent. This is an action to recover for personal injuries sustained by reason of the alleged negligence of the defendant.

The evidence taken in the light most favorable to the plaintiff shows substantially that the plaintiff, a boy eighteen years old, was an employee at Bowman's Filling Station on 28 October, 1936, at the time of his injury. John L. McLeod and Lacy Henry, employees of the defendant and operating a truck for said defendant, came to the filling station for the purpose of inflating one of the tires of the truck, which they proceeded to…