Horn v. Smith

HARWOOD, Justice.

On 24 April 1970, Mrs. Sylvia Horn was driving an automobile going south on Highway 21, and Olen Smith, an employee of Dunham Lumber Company, was driving a company truck loaded with lumber going north on Highway 21. It was raining at the time. Mrs. Horn’s automobile crossed the center line of the highway and collided with the truck. She died as a result of injuries sustained in this collision.

Thereafter her husband, as ádministrator of the estate of Sylvia Horn, deceased, brought an action against Olen Smith and Dunham Lumber Company. The case went to the jury on Count 3 and…