Piper v. Barber Transportation Co.

A transport truck of defendant overtook and ran upon a farm tractor operated toy plaintiff on U. S. Highway 18 near Okreek in Todd County, South Dakota, on October 6, 1956. Plaintiff was thrown backward high in the air and landed on his lower back on the blacktop highway. A protruding intervertebral disk subsequently developed which necessitated surgery to remove the disk and fuse the two lowest vertebrae with the sacrum. In this action plaintiff sought and recovered judgment on the theory that the protruding disk and other injuries were caused by the described collision. At the trial the…