Lutgen v. Standard Oil Co.

This is an action for personal injuries alleged to have been caused by negligence of the defendant. At the close of the evidence offered by plaintiff the court gave a peremptory instruction in the nature of a demurrer to the evidence whereupon plaintiff took an -involuntary nonsuit and following the overruling of his motion to set aside the nonsuit brought the case here by appeal.

The injury occurred December 6, 1921, while plaintiff was in the service of defendant at Sedalia, where he had been' employed for some time to drive one of defendant’s motor trucks and’ to make deliveries of gasoline…