Marshall v. Home Mutual Insurance

*489The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for personal injuries sustained December 25, 1939, by plaintiff, who was riding in an automobile which collided with a truck loaded with coal on the highway, which collision was alleged to have resulted from negligence of defendants. The defendants were J. C. Kitch, owner of the truck, his insurance carrier, The Home Mutual Insurance Company, and Frank Smith, who was operating the truck at the time of the casualty.' A summons issued for Frank Smith was returned “not found.” The other defendants answered. A jury…