Clark v. Cassetty

CARMODY, Justice.

Plaintiffs (appellants here) seek a new trial, contending that they were prejudiced because of a false issue, i. e., contributory negligence, having been submitted to the jury.

Plaintiffs claim damages for the fire loss of some eighty-three acres of standing wheat and 10,000 pounds of wheat which had been loaded into defendant’s truck. The alleged negligence on the part of the defendant was the operation of the truck with a defective muffler, while the vehicle was being used to haul wheat to a grain elevator from combines working in plaintiff Clark’s field. In the process, it…