Wilbur v. Home Lumber & Coal Co.

This is an action to recover damages for injury to person and property arising out of an automobile collision. Defendant is charged with negligence (a) in operating a motor truck at a dangerous rate of speed; (b) in failing to have the truck under control; (c) in operating it on the left side of the highway; (d) in failing to keep proper lookout for traffic on the highway. In its answer defendant pleaded (a) unavoidable accident; (b) contributory negligence. A verdict and judgment was had for plaintiff. Defendant appeals assigning as sole error the failure of the court to grant its motion for…