Ashman v. Smith

BELL, Chief Justice.

Appellant sued William G. Smith and Zero Refrigerated Lines, for whom Smith was driving a truck, to recover damages resulting from injuries received in an automobile collision. A jury acquitted Smith of any negligence, acquitted appellant of contributory negligence, and found the collision was the result of an unavoidable accident. Judgment on the verdict was that appellant take nothing.

The court submitted the following issues inquiring of negligence on the part of Smith:

L Whether he was driving at an excessive rate of speed.

2.Whether he failed to make timely application…