Blaser v. Coleman

[421]

DOUGLAS, J.

Ben Blaser recovered a judgment for $12,-500 for personal injuries sustained' when he leaped from the bed of a runaway truck which had been abandoned by the driver. Defendant Alvin Coleman is the owner of the truck and defendant Tom Matthews was the driver. They have appealed.

Plaintiff stated both primary negligence and negligence under the humanitarian doctrine in his petition. However, he chose to submit his case to the jury only under the humanitarian doctrine.

The chief issue before us is whether plaintiff made a submissible case under the humanitarian doctrine. Other…