Self v. Baker

MERRILL, Justice.

Appellee sued appellant for $5,000 as damages allegedly resulting from the negligent operation of appellant’s milk truck which caused appellee’s tractor and trailer “to be thrown or to run off said public road and off the shoulder of said road and to turn over.” Demurrer to the two counts of the complaint, both in simple negligence, was overruled. Appellant pleaded the general issue in short by consent and filed a plea in recoupment. Verdict was for appellee in the amount sued for, judgment was rendered accordingly, a motion for a a new trial was overruled and this appeal was…