Rembusch v. Prebe

[433]

CONKLING, J.

Plaintiff-appellant sued defendant-respondent for $20,000 for personal injuries claimed to have resulted from a highway collision of two trucks. The trucks were approaching each other at night on Highway 61 in Pike County, Missouri. Plaintiff was operating his truck northbound. Defendant’s truck was being operated southbound.

Plaintiff submitted his ease solely on primary negligence. The verdict of the jury was in' favor of defendant. After his motion for new trial was overruled plaintiff appealed..Plaintiff’s only theory of submission, stated in his instruction 4, was that…