Coryell v. Edens

The opinion of the court was delivered by

Hoch, J.:

This is an automobile collision case. Appellants contend that they were entitled to judgment on the jury’s answers to special questions, notwithstanding the general verdict against them. The question is whether the jury’s special finding constituted actionable negligence within the allegations of the petition.

Coryell Brothers, appellants, was a partnership engaged in the transportation of crude oil and other products under a contract carrier permit. On August 24, 1942, on a paved highway in Scott county, one of their outfits — a truck and…