Gessel v. Smith

BLACKBIRD, Justice.

Plaintiff in error and defendant in error will hereinafter be referred to as “defendant” and “plaintiff”, as they appeared in the trial court.

*588Defendant’s decedent was killed in a collision between the Plymouth sedan she was driving, and an empty cattle truck owned by plaintiff and driven by her employee, Smith, near the juncture of State Highway No. 33 and U. S. Highway No. 69, on a clear, dry day in November, 1962. Both vehicles were- substantially damaged.

In the vicinity of the collision, the U. S. Highway, a so-called “through” road, traverses the countryside in a…