Caruth v. Sparkman

BOUDDIN, Justice.

The action was for damages for injuries to person and property growing out of the collision of defendant’s truck with the'plaintiff’s wagon on a public highway.

The vehicles, each driven by the owner, were going in the same direction on a paved highway; and the collision occurred as the truck was passing the wagon.

Count 2 of the complaint charged that defendant “so willfully or wantonly managed or operated said truck as to cause the same, as a proximate consequence of such willfulness or wautonness, to run into and collide with said wagon in which plaintiff was riding.”

This…