Hubbard v. Allen

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages sustained in a collision of two trucks. Defendant appeals from a judgment in favor of the plaintiff. For convenience we shall throughout the opinion refer to the parties as they appeared in the court below.

Briefly stated, the petition alleged that plaintiff, in the daytime, was driving his truck, which was equipped with a rotary water drill, westwardly on a highway west of Ulysses, and that defendant was driving a one and one-half ton truck on the same highway in the same direction; that plaintiff desired to…