Allen v. Ennis

Plaintiff’s intestate came to his death through injuries received when an automobile in which he and the defendant Ennis were riding left the highway, turned over and came to rest at the bottom of a ditch. The car had been traveling west, presumably on the north side of the highway, but it struck and broke off five of the concrete posts which in part comprised a guard fence on the south side of the highway and turned over into the adjacent ditch. Ennis was not sworn on the trial. There is no direct proof as to whether the car was being driven by Ennis, the agent for the corporate defendant…