Gates v. Mader

This case comes to this court for review by the allowance of a petition for writ of certiorari. The parties will be referred to as plaintiff and defendant, as they were in the trial court.

Phillip Gates, plaintiff, sued George Mader, defendant, for a personal injury he sustained by being struck by defendant’s automobile while driven by his son. The declaration alleged the negligent operation and control of the automobile and due care and caution of plaintiff. Defendant filed special pleas alleging that at the time of the injury he did not drive, operate or control the automobile personally or…