Burns v. Capitol Beverage Co.

OSBORNE, Judge.

The appellant was a passenger in an automobile which she claims collided with a truck. She instituted action against both the driver of the automobile and the owner of the truck, which she claimed to have been the one that struck the automobile. Following the collision, a rather peculiar set of facts transpired. An unknown passing motorist chased what he thought was the truck that struck the automobile. Several blocks from the scene, he stopped the driver of appellee’s truck and asked him if he had been involved in an accident. The driver replied that he had not to his…