Pearce v. Hanlon

The plaintiff brought action against the defendants for personal injuries alleged to have been sustained by him in a collision with a gravel truck driven by an employee of the defendants. The plaintiff had judgment in the trial court, the defendants moved for a new trial, and this appeal is taken from the judgment and from the order denying the motion for a new trial. The facts may be briefly stated as follows:

The defendants were paving contractors conducting paving operations in the city of Minot in May, 1928. They employed one C. K. Bigelow to drive a large truck used for hauling gravel.…