Van Avery v. Seiter

On January 20, 1961, plaintiff Van Avery, employee of a construction company, was operating an earth mover which was crossing a highway. A collision occurred with the defendant Seiter’s truck which was being driven by the defendant McPhall. Plaintiff claims that a flagman employed by the construction company had a stop sign on the highway directing traffic to ■ stop so that the earth mover could proceed across the highway. The defendant driver denied that the flagman *90had indicated for him to stop. As a result there was a collision and plaintiff was injured. Plaintiff suffered known injuries…