Mueller v. Silver Fleet Trucking Co.

Defendants contend that the evidence is not sufficient to sustain the jury’s finding as to the negligence of the driver of the truck. We have carefully reviewed the evidence and are of the opinion that the evidence was sufficient to sustain the jury’s findings. Kagel knew that Mueller was on the inside of the hopper, room. He knew that the grates were not intended to hold a weight of eleven and a quarter tons; he had carefully avoided backing the truck onto the grates on previous deliveries and was well acquainted with the entire situation. Some attempt is made to excuse Kagel on the ground…