Eastern Dehydrating Co. v. Brown

Jordan, Judge.

This was a suit to recover for property damages sustained by the plaintiff when the defendant’s tractor-trailer went out of control, left the highway, and crashed into his home. The petition alleged that the defendant was negligent in operating its vehicle in excess of the applicable speed limit and in failing to keep its vehicle under proper control.

The defendant in its answer denied that its truck driver was negligent in any manner and alleged that the occurrence was unavoidable in that a large hog suddenly ran in front of the truck in the nighttime, that its driver through no…