McNamara v. Melson

Mr. Presiding Justice Jett

delivered the opinion of the court.

J. F. McNamara, appellee, instituted this suit to recover damages which his motor truck sustained in a collision with the Ford sedan of Joseph Melson, ap^pellant. A trial was had by a jury and the jury returned a verdict in favor of appellee for $1,071.40, upon which judgment was rendered, and appellant prosecuted this appeal.

The declaration consists of one count. It charges that the motor truck of appellee was destroyed. The case was tried upon the theory that it was injured and damaged, and testimony was offered on the part of…