Perfection Mattress & Spring Co. v. Windham

GARDNER, Justice.

The defendant mattress company (to so designate it for brevity) owned a truck with a flat body extending over the fenders. Plaintiff, a boy seventeen years of age, was seated on the body of the truck with his feet hanging over the sides, when, in going through an underpass in Birmingham, it was run too close to the wall, resulting in rather serious injury to plaintiff’s knees.

Plaintiff’s complaint is based upon the theory that he was an invitee of defendant, and was injured as a result of negligence of defendant’s servant or agent after discovery of plaintiff’s perilous…