Evans v. Farmers Elevator Co.

This is an action for personal injuries. Plaintiff, a thirteen year old boy, was riding as a guest in the front seat of a Chevrolet coach driven by his grandmother, and was injured when the automobile collided with a heavily loaded Ford V-8 truck. Plaintiff pleaded primary negligence and negligence under the humanitarian doctrine, but went to the jury on humanitarian negligence only. The jury returned a verdict for plaintiff for $10,000. After motion for a new trial was filed and overruled, defendant appealed.

The original petition charged the defendant with primary negligence: (1) in driving…