Richey v. Swink

This is a tort action in which plaintiff, Dave Richey, sues Douglas A. Swink and his alleged insurer, the Metropolitan Casualty Insurance Company, to recover damages sustained by him from injuries caused by one of Swink's trucks, in Lafayette Parish, on October 9, 1939.

The facts of the accident are undisputed save in one material respect, which will be hereinafter discussed.

The A. B. Pipe Supply Company, Inc., employed Swink to haul from the scene of the accident and thereabouts to Shreveport, Louisiana, some heavy used metal pipe. The earth had been removed from a line of this pipe and the…