Martin v. Sturgis Lumber Co.

HIGHTOWER, Justice.

This is a suit for personal injuries suffered by appellant George Wyatt Martin, and for property damages suffered by W. E. Martin against Sturgis Lumber Company. Among the undisputed facts it appears that on the occasion in question one of defendant’s lumber trucks, operated by its employee, Mack Tobias, in the course of his employment, attempted to pass a pickup truck being driven by George Wyatt Martin near the top of a hill on the highway. The shoulders of the highway were gullied and rough. Very near, or upon the crest of the hill, defendant’s driver, in attempting to…