Van Royen v. Osborn

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court overruling appellant’s demurrer to appellee’s petition.

The petition substantially stated that on April 22, 1953, appellee was in appellant’s employ as a truck driver. He was sent to Wichita in appellant’s truck to pick up a load of canned oil and sacked feed and to return to appellant’s place of business in Elk Falls with the load. On the return trip the state highway patrol gave appellee a summons to appear before a justice of the peace in Augusta at 8:00 p. m. on April 23, 1953, because the…