Patton v. Kirkman

WADE, Justice.

Patton commenced this action to recover damages sustained as the result of a collision between trucks driven by himself and Chess Kirkman. A. J. Kirkman was made a defendant in the suit because he was the owner of the truck driven by and the employer of Chess Kirkman. The defendants filed an answer and counterclaim to plaintiff’s complaint in which they alleged that it was plaintiff who was negligent because he was driving at a rate that was excessive for existing conditions and because he had failed to keep a proper lookout for approaching vehicles and for the culvert and hole…