Kitchenmaster v. Mutual Automobile Insurance Co.

Plaintiffs assert that there was a jury question whether the truck insured by defendant was, at the time of the accident, being driven with the consent of the owner. Defendant contends that there is no evidence in the record from which a jury could infer such consent.

The following are the facts: On August 21, 1943, at about 9 :30 in the evening, plaintiff, Leslie Kitchenmaster, was injured when a farm truck in which he was riding, and which was owned by Delbert Bishop, insured by defendant company, and driven by Charles Funk, failed to negotiate a curve in the road and struck an embankment.…