Employer's Casualty Co. v. Baxter Fertilizer Co.

WRIGHT, Presiding Judge.

Plaintiff appeals from judgment entered upon directed verdict for defendant and from judgment denying motion for new trial.

The issue is whether there was evidence produced to show negligence by defendant which proximately resulted in the injury and damage of plaintiff.

The plaintiff initially was Smith Lumber Company. Upon disclosure that Employer’s Casualty Company was plaintiff’s insurer and had paid to plaintiff all of its damages except $100, Employer’s was added as a plaintiff.

The complaint charged that plaintiff’s tractor-trailer truck and the tractor-trailer…