Davis v. Swenson

Plaintiff was riding in a motor truck owned and operated by another, and sustained personal injuries in consequence of a collision with an automobile truck operated by defendant's employee. He brought suit to recover damages for said injuries, had a verdict and judgment for the sum of $3500, and the defendant has appealed.

The petition is not assailed, Neither is it claimed that it was not proper to submit the cause to the jury. It is therefore unnecessary to state the facts which tend to show that plaintiff had a cause of action.

Plaintiff took the deposition of a witness, Marvin E. Thomas,…