Hubert v. Knox Corp.

Construing the petition against the plaintiff, it will be construed to mean that the nails were thrown upon the car and upon the highway either in front of the car driven by the plaintiff or underneath the same and that the plaintiff knew of such fact at the time she stopped the vehicle. The petition is further construed to mean that the plaintiff stopped to ascertain the damage to parts of the body of the automobile resulting from the impact from the kegs of nails when they hit the car. Where it does not appear from the allegations of a petition that the plaintiff could have avoided the…