Duke v. Mitchell

The appellant, plaintiff in the court below, brought suit for a personal injury caused by a collision between the automobile in which he was riding and a wrecker car, owned and operated by the appellee, defendant in the court below.

The record shows that late in the afternoon of December 11, 1927, a merchant at Aberdeen had run a seven-passenger sedan into a ditch on the Aberdeen and Amory ‘public road about three miles out of Aberdeen. The defendant, Mitchell, operates a filling station in Aberdeen, and also a garage and wrecker, used for the purpose of getting cars out of ditches and pulling…