Swindler v. Peay

Legge, Justice.

On the night of November 4, 1953, respondent’s truck, which he was driving on State Highway 555 in Richland county, struck and killed a cow belonging to appellant, who thereafter brought this action for damages, actual and punitive. The complaint charged that at the time of the collision respondent’s truck was off the road, and that respondent was negligent and reckless in driving at an excessive rate of speed, in failing to keep a proper lookout, and in not having his vehicle under proper control. Respondent, answering, pleaded contributory negligence and recklessness on the…