Duke v. Williams

BROWN, Justice.

This is an action of trespass on the case by Evrin Williams, a minor suing by next friend, against Arthur Duke, an individual doing business as Duke Coal & Coke Company, seeking to recover damages for personal injuries inflicted upon the plaintiff on October 4, 1945, about 1 o’clock p. m., b}' a coal truck operated out of defendants’ coal yard located at No. 4539 Georgia Road, a public paved highway. The case went to the jury on count one of the complaint and the defendants’ plea of the general issue, pleaded in short by consent with leave to make proof of any fact that would…