Denny v. Augustine

Richards, J.-

During the afternoon and early evening of January 1, 1935, a truck, loaded with hogs, was traveling toward St. Louis, Mo., from plaintiff’s farm in Mahaska County. Riding in the cab of the truck were plaintiff and two of defendant’s employees, to wit, Harry Thomas and Howard Romine. Thomas was driving. At about 8 p. m. the truck was proceeding south and ascending a hill upon Primary Highway 161, a short distance south of Ainsworth, Washington County. The hill was 700 or 800 feet long. At a point part way up the hill, ice covering the pavement resulted in traction being lost, and…