Gard v. Sherwood Construction Co.

The opinion of the court was delivered by

Wertz, J.:

This was an action brought by Zane Gard, plaintiff (appellant), against Sherwood Construction Co., Inc., defendant (appellee), to recover damages for the wrongful death of plaintiff’s wife arising from a car-truck collision occurring on U. S. Highway 54 west of Pratt about 5:45 p. m. on June 1, 1961.

The plaintiff commenced this action upon the theory the defendant was negligent in the following particulars: (1) failing to have his truck under control; (2) failing to stop, slow down or otherwise alter the speed, movement or direction of his…