Jones v. Smithson

Hatcher, Judge:

This is an action in damages brought by the father and administrator of Robert Jones, an infant, for his wrongful death caused by the truck of defendant Smithson. A verdict and judgment was rendered for defendants.

The truck heavily loaded, was backed down a slight slope to within two or three feet of a building, where the truck’s emergency brake was set, the transmission placed in low gear and the engine stopped. A small quantity of coal was unloaded in which work Robert took some part. Preparatory to leaving, the truck’s gear was placed in neutral and immediately the truck…