Callaway v. Cherry

This case arises from a traffic collision that occurred in Clark county on November 11, 1957. The proof shows that as the plaintiff-appellant, Callaway, was turning to his left to leave the highway his car was struck by one that was being driven by Neil Cherry, who was accompanied by his mother, Irene Cherry, and his cousin, Don Rodgers. The jury found that Callaway, Mrs. Cherry, and Rodgers sustained personal injuries.

Callaway asserted in his complaint that the three -occupants of the Cherry car were engaged in a joint enterprise, but at the close of the plaintiff’s proof the trial -court…