Gotcher v. State

McClendon, chief justice.

Appeal from a judgment of dismissal after sustaining a general demurrer to plaintiff’s petition.

Gotcher was an employee of the state highway commission in its maintenance department. To transport its employees to and from their work the department operated a truck.

“On August 29, 1929, plaintiff while riding in said truck in the rear of the cab while same was in use in the maintenance and use upon said highway and while being driven by its driver said truck ran dry of grease and lubricant and became hot and stuck thereby suddenly stopped to a dead standstill tilting…