Selby v. Victoria Mines, Inc.

THE HON. DAVID N. NYQUIST,

sitting in place of MR. JUSTICE FREEBOURN, disqualified:

This is an action by the plaintiff against the defendant for damages to plaintiff’s automobile, caused by the alleged negligent operation of defendant’s truck operated in its business by an employee. The appeal is by defendant from a judgment for plaintiff on a jury’s verdict.

The facts as shown by the evidence may be briefly summarized as follows:

On December 9, 1945, at or about the hour of two o’clock a. m., one Robert James was driving plaintiff’s 1938 Plymouth automobile sedan on a public highway between the…