Clark v. Beacon Oil Co.

These cases arose out of a collision on August 31, 1926, between a motor truck of the defendant and a sedan belonging to Meltzer and driven by Clark. The jury, in answer to issues submitted to. them, found that the collision was due to the- carelessness of Clark, who at the time was not the agent of Meltzer; was the cause of damage to Meltzer’s car in the amount of $800; and was not due to carelessness of the driver of the truck. There was conflict in the testimony of witnesses with regard to the presence or absence of an odor of liquor upon Clark’s breath. The trial judge refused to cause…