FIRST WITNESS, PATROLMAN SKELTON, DULY SWORN, TESTIFIED AS FOLLOWS: I was in the Drug Store when Mr. Smith came. I went out there and it was starting to rain slowly. A "A" model Ford that Mr. Davis was driving was on the shoulder. Mr. Lear was standing by the car. The pick-up was sittin in the yard on the hill. Form the tire marks, Mr. Davis had a new tire on the left front wheel of his car. When the impact happened, it left the mark of the tire on the pavement. . . .On Saturday morning I went back to the scene and I could tell exactly where the pickup was sitting on the pavement, on the right side going up grade. . .
SECOND WITNESS, WILSON, DULY SWORN, TESTIFIED AS FOLLOWS: We had couple of Coco-Colas in the pickup. W. J. opened the door so they dropped out. W. J. got out to pick them up. He asked Essy B. Smith and Myrtle Tucker if they wanted to get into the front. They said they didn't. It wasn't raining hard enough for them to get wet. That is when he hit us.