Harry Holder Motor Co. v. Davidson

CLAY, Commissioner.

Appellees were injured when an automobile in which they were riding ran into a “wrecker” vehicle owned by appellant. A jury awarded each appellee damages.

This is a simple collision case, somewhat complicated by the parties’ briefs which discuss numerous facts, points, and principles. The determining issue on this appeal concerns error in the instructions.

On a dark, rainy, foggy morning at about 3:30 a. m. appellee Thomas Davidson, accompanied by his wife and child, was driving his automobile south on state highway No. 75. He struck appellant’s wrecker, then stationary,…