King v. Farmers Educational & Cooperative Oil Co.

The plaintiff recovered a judgment for damages suffered in a collision of its oil transport with an oil transport of defendant. The appeal presents for review the refusal of the trial court either to grant defendant’s motion for a directed verdict, or its motion for judgment n. o. v. predicated upon the theory that plaintiff was guilty of contributory negligence as a matter of law either because its employee drove its transport at a speed which prevented him from stopping within the range of his vision, or because its driver failed to act with ordinary care and prudence after he discovered…