Pierson v. Lyon & Healy

Five witnesses called by the plaintiff testified that after the truck stopped, and after the greater part of the car had passed behind it, the truck backed four to six feet, and that the tail gate, which was down, struck the plaintiff, who was on the running board at the rear end of the car.

Appellant called three witnesses, Stinson, Tartt and Terry, who were all on the truck at the time of the collision. Stinson, the driver of the truck, testified that he stopped the truck because the team going south stopped and he could not pass by the team and wagon; that he threw the machine out of gear…