Swift & Company v. Gutierez

THOMAS, Justice.

A tort action was brought by plaintiff, appellant here, to recover damages arising out of the destruction of its property being transported in a truck by private contract carrier. This truck collided with a truck owned and operated by defendant, respondent here.

Defendant’s answer consisted of a general denial and an affirmative defense that the negligence of the private contract carrier was the proximate cause of any damages suffered by plaintiff.

After plaintiff rested, defendant moved for nonsuit on the ground, so far as this appeal is concerned, that the evidence established…