Jones v. Goodman

MELLOTT, Chief Judge.

Defendants’ motion to dismiss the second amended complaint raises several questions which have been discussed by counsel at oral hearings and in lengthy, well-prepared briefs. A summary of the facts pleaded and the actions heretofore taken by the parties and the court may bring into focus the issues presented.

George V. Jones, a 36-year-old citizen of Iowa in the employ of a citizen of Nebraska as a transport truck driver, received severe injuries on January 13, 1948, in a collision of vehicles on a Kansas highway, which, it is averred, resulted from the negligence of…