Cosby v. Flowers

LIVINGSTON, Justice.

The appellee, plaintiff in the court below, was injured when the truck in which he was riding as a passenger collided with a truck belonging to one of the appellants, and was being operated by the other appellant as agent or servant of the owner.

The injury occurred about nine thirty o’clock on the night of August 26, 1944, on state highway number 231, and northward from the city of Troy, near the city’s corporate limits. For convenience we will refer to the truck in which appellee was riding as a passenger as “plaintiff’s truck,” and the other truck as “defendants’ truck.”

D…