Johnson v. Martin

SIMPSON, Justice.

Plaintiff Martin recovered a judgment for $1200 against Johnson and Huskey for property damage to his Chevrolet automobile and for personal injuries arising out of a collision of his automobile with Johnson’s Mack truck and trailer, being driven at the time by his duly authorized agent, Huskey.One McNear was driving the plaintiff’s car. From this adverse judgment the defendants have appealed.

The case went to the jury on. Count 1 for simple negligence and Count 2 for wantonness. It is argued that error prevailed in the refusal to the defendants of the affirmative charges with…