Banks v. Morris Company

Action for damages for personal injuries. Prom a judgment for plaintiff in the sum of $10,000,' defendant has appealed.

The petition alleged several grounds of negligence, but the case was submitted to the jury on only one of them. It was pleaded as follows:

“Fourth. That the defendant’s agent and servant in charge of said automobile saw, or by the exercise of ordinary care could have seen, plaintiff in and upon the traveled part of said Pine Street and not upon the sidewalk, at its intersection with said Compton Avenue, and in a position of imminent peril of being struck by defendant’s said…