Howard v. American Paper Stock Co.

OPINION

MASSEY, Justice.

For personal injuries sustained in a collision between a truck of the defendant American Paper Stock Company and an automobile in which plaintiff L. M. Howard was a back seat passenger, suit for damages because of plaintiff’s personal injuries was brought under the theory of negligent tort.

E. W. Allen, driver of the truck of the defendant on the occasion in question and for whose negligence the jury found defendant liable to plaintiff under the theory of respondeat superior, was never made party to the suit. Allen was the brother-in-law of Jerry Hart, who was the owner…