Mid-Central Fish Co. v. Gentry Poultry & Egg Co.

A petition was filed in this case alleging a cause of action in behalf of the plaintiff company and against Mid-Central Fish Company and one Harrison, driver of its truck. The petition alleged the agency of Harrison and that he was acting within the scope of his authority. The action is for damages to plaintiff’s truck by reason of two alleged acts of negligence: (1) That defendant’s driver was driving at an excessive rate of speed; and (2) that he was driving on the wrong side of the road.

The answer sets up (1) a general denial, except that it admitted the agency of Harrison; (2)…