Gunderson v. Eastern Brewing Co.

The evidence permitted the jury to find that the defendant’s driver was unfamiliar with his route, it being his first day’s work as a driver for the defendant; that while on the route he met the plaintiff’s intestate, a hoy of fourteen, whom he requested to get upon the wagon to show *520him the way, which the hoy did, and that while proceeding along the wagon became caught in a heavy, sandy road whereupon the driver so whipped the horses asto cause them to jump and to jerk and sway the wagon and to throw the boy to the street, whereby he was run over by the wagon wheels and killed. It would also…