Vasseur v. Rose

WADDILL, Commissioner.

A truck owned by appellant T. E. Vasseur and driven by his employee, appellant Stanley Vinson, Jr., collided with a vehicle driven by appellee Marcus Walker who was accompanied by Rufus Rose. Walker was injured and Rose was killed in the accident. The instant action was instituted by Walker and appellee Josephine Rose, administra-trix of the estate of Rufus Rose, against Vasseur and Vinson.

At the first trial of the case a directed verdict was entered for Vasseur and Vinson. This court reversed with directions to give an instruction under the principle of discovered…