Dalley v. Mid-Western Dairy Products Co.

This is an action to recover damages for injuries sustained by plaintiff in a collision between his automobile and a truck owned by the defendant Mid-Western Dairy Products Company. Joseph N. Smith was made a party defendant because he is alleged to have been in charge of the truck at the time complained of. At the conclusion of plaintiff's evidence defendants moved for a nonsuit. The motion was granted and the action dismissed. Plaintiff appeals and assigns as error the order granting the motion for a nonsuit and the judgment of dismissal. No other error is assigned.

The negligence charged in…