Francis v. Imperial Sanitary Laundry & Dry Cleaning Co.

FOSTER, Justice.

This is an action for the death of plaintiff’s intestate who was riding a bicycle down a public highway and had a collision with a truck of defendant approaching in the opposite direction. There was a verdict and judgment for defendant.

Count 1 of the complaint was in simple negligence, and states that both were using the public highway, and that defendant so negligently operated the truck that as a proximate consequence it ran against the bicycle on which intestate was riding. The special pleas were to this count, and the first question for our consideration is the ruling on…