Upshaw v. Upshaw

Troy Upshaw sued Murray Upshaw for damages. It appeared from the petition that a servant of the defendant was driving defendant’s truck in the prosecution of the defendant’s business immediately behind a tra/’k of the plaintiff when the driver of the defendant’s truck negligently ran into the plaintiff’s truck and damaged it. The defendant denied liability. He alleged that the damage to the plaintiff’s truck was caused by the negligence of the driver thereof. By an amendment to the petition, allowed on the trial of the case, it was alleged that the defendant, on the occasion referred to, was…