Brown v. Toedebusch Transfer, Inc.

Deceased was riding in an automobile going east on Highway 40 on a February night. There was snow on the ground and some parts of the highway were coated with ice. Several miles west of the New Florence junction the automobile collided head on with defendant’s truck comprising a tractor and trailer. Three of the four occupants of the automobile were killed.

Plaintiff, administrator of deceased’s estate, alleges in his petition the collision was caused by the truck being on the wrong side of the highway. He then specifies two acts of negligence 'on the part of defendant namely, (1) failure to…