Christian v. Smith

The court did not err in overruling the general demurrer to the petition, or in overruling the motion for a new trial on the general grounds. The burden of the defendant’s argument on these questions is that no negligence on the part of the defendant was alleged or proved with the exception that the jury was authorized to find that the defendant’s truck was being operated at 35 miles per hour and that the speed of the truck was not the cause of the accident, contending that the injury would have resulted in any event regardless of the speed of its travel. -We do not agree with this…