Miley v. Marx

MOUTON, Judge.

Plaintiff is claiming damages for injuries received while driving a gravel truck on the Bogalousa-Franklinton Highway on October 10, 1930.

He recovered judgment against defendant for $672 for damages, including medical expenses and loss of wages.

It is not contended that plaintiff did not suffer the injury on the day alleged, the defense being, as remarked by the district judge in his written opinion, “that defendant’s truck was not on said highway at any time during the day when plaintiff received the injury.”

Hence, the real question presented for solution is as to whether…