Cooper v. Davis

This appeal involves the interpretation and application of certain of the rules governing the “Practice and Procedure in Actions at Law,” effective February 1, 1950, as amended. A clear understanding of the questions raised and decided requires a somewhat detailed statement of the proceedings in the lower court.

On December 7, 1955, Charles Davis, an infant, hereinafter referred to as the plaintiff, suing by Ellen Davis, his mother and next friend, filed a motion for judgment against Ben Cooper, hereinafter referred to as the defendant, to recover damages for personal injuries sustained by the…