Stidham v. Dubose

March 11, 1924. The opinion of the Court was delivered by The plaintiff while walking upon a public highway, at night, was run down and injured by an automobile operated by the defendant. He instituted the present action for damages, alleging that the injury was caused by the negligence of the defendant in certain particulars; he did not allege that it was caused by the willful or malicious conduct of the defendant.

At the time of the commencement of the action the plaintiff sued out an attachment against the automobile and procured a warrant for the arrest of the defendant under the arrest…