Miller v. Bolyard

Haymond, Judge:

This is an action of trespass on the ease instituted in the Circuit Court of Barbour County in 1954, in which the plaintiff Gareth Neal Miller, an infant who sues by his father Dale Miller, as his next friend, seeks to recover damages for serious and permanent personal injuries sustained by the plaintiff which resulted from the alleged negligence of the defendant Boyd Bolyard.

The declaration, containing three counts and alleging damages in the amount of $25,000.00, charges in substance, in the first count, that the defendant was negligent in operating his truck with a rock…