G. Fitzgerald Et Ux. v. Russ Mitchell Constructors

This is a damage suit brought by G. Fitzgerald and wife, Martha Fitzgerald, by reason of injuries sustained by Mrs. Fitzgerald in an automobile collision between her automobile and a truck owned by Russ Mitchell Constructors, Incorporated, and operated by Wesley Brown in the early afternoon of September 26, 1962. Defendants are Russ Mitchell Constructors, Incorporated and Wesley Brown, appellees, here. Prior to the trial, defendants admitted that Brown had been negligent, that his negligence was a proximate cause of the accident, and that he was in the course of his employment with Russ Mitchell Constructors, Incorporated when the accident occurred. The suit was defended on the issues of contributory negligence and damages.