Withers v. Marshall

Affirming.

■ Burwell K. Marshall brought this action to enjoin the Commissioner of Highways and the Director of the Highway Patrol from interfering with him in the operation on the highways of a small four-wheel, rubber-tired wagon attached behind his passenger automobile. The trial judge overruled appellants’ general demurrer, they refused to plead further and the court granted the prayer of the petition and enjoined appellants.

The sole question for our determination is whether or not the small wagon which was designed to be pulled behind an ordinary passenger automobile comes within the…