City of Muskogee v. Magee

This is an appeal from a judgment against the city of Muskogee in an action for damages for personal injury.

The plaintiff was an employee of the city of Muskogee, engaged in sweeping and cleaning the streets, working nights from 9 o’clock p. m. to 5 o’clock a. m.

Plaintiff’s duties were to sweep the streets, collect the dust, trash, etc. The city had a Ford truck with dump body in which to gather up and cart away the trash thus collected. In collecting the trash and loading it the truck would be driven or operated by one employee along the street near the curb on the left-hand side of the…