Childers v. Franklin

The plaintiffs brought this action seeking to recover personal and property damages which they sustained when the automobile of the defendant collided with an automobile and also with a pickup truck, in which the plaintiffs were riding. At the time of the collision, two of the plaintiffs were occupants of the automobile and two of the plaintiffs were occupants of the truck.

By stipulation of the parties, a jury was waived and the issue submitted to the court for determination was confined to the question of the liability of the defendant. The court found in favor of the defendant, and from an…