Canady v. Martschink Beer Distributors, Inc.

Lewis, Justice.

Plaintiff was injured when the automobile in which he was a passenger overturned. He brought this action against one Herman Webster, the owner of the automobile; Donald E. Davis, the driver, hereafter referred to as defendant; and Martschink Beer Distributors, Inc., the owner of a truck being overtaken and passed at the time of the collision, to recover the damages sustained. The owner of the automobile was eliminated as a party upon oral demurrer prior to trial. The trial judge directed a verdict, as to liability, against defendant, leaving, as to him, only the question of the…