Cohee v. Hutson

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for injuries sustained by plaintiff when defendant’s truck capsized in the roadside ditch of a public highway.

The controlling facts were mainly these: Defendant was the owner of a farm truck equipped with a stock rack for hauling cattle. On November 3, 1932, he left his home near Neodesha to attend a cattle sale in Parsons, Plaintiff accompanied him as his guest. Defendant bought two head of cattle at the sale, loaded them on the truck, and about 6 o’clock p. m. the two men started for home.

About three miles…