Tomlinson v. Clement Bros.

The driver of an automobile brought this action in the Superior Court in Cumberland County to recover damages for personal injuries from being struck by a passing motor truck which, different counts in the declaration allege in differing ways, the owner’s servant, in the course of his employment, negligently operated along a highway. The declaration also alleges property damage. The plea was the ’general issue.

At.the close of the evidence for the plaintiff, the defense rested its case without offering evidence, and argued that a verdict be directed for defendant. The motion was denied.…