McDowall Transport Inc. v. Gault

Claude Gault sued McDowall Transport Inc. for damages sustained as a result of the collision of his automobile, in which he was a passenger at the time, with the rear end of a truck and trailer combination operated by the defendant. Mrs. Glenna Gault, the driver of the automobile, sued McDowall Transport Inc. for damages sustained as a result of the same collision. In each case, at the close of the plaintiff’s evidence, the defendant orally moved to dismiss the action on the ground that it appeared from the plaintiff’s petition that the proximate cause of the collision was the negligence or…