Patrick v. Mitchell

GARDNER, Chief Justice.

A truck driven by defendant Bradford ran over and killed plaintiff’s child, eleven years of age, on the street of Section, Alabama. It was Saturday with a “good crowd” of people in “town.” Cars were parked on each side of the street, and the truck driven by Bradford was not meeting or passing any other vehicle. There was no cab on the truck and the place of the accident was clearly visible from the direction the truck was traveling over a quarter of a mile and nothing to obstruct the view.

The proof was sufficient for the jury to infer the truck was being operated at the…