York v. Cumberland Const. Co.

Judge Helm

Reversing.

Appellant M. D. York brought this action to recover damages to his truck in a collision with a rock spreader, or “spreader box,” owned and being used by appellee in the resurfacing of a part of Highway 35 in Clinton County. At the close of all the evidence the trial court directed a verdict for appellee, because “under the evidence * * * the plaintiff’s driver was guilty of contributory negligence as a matter of law.” Appellant appeals, assigning as errors: (1) 'The court erred in overruling appellant’s demurrer to the second paragraph of appellee’s amended answer; and (2)…