Balcom v. Royal Insurance Co.

The defendants on appeal ask this court to assume the truth of certain allegations in the complaint; however, an examination of their answer shows that they deny the truth of those same allegations.

In the introduction to their argument they ask the court to make the following assumptions: (1) That the defendant, State Sand & Gravel Company, was the owner of the truck involved in the accident; (2) that State Sand & Gravel’s employee Hensiak was the driver of the truck and that the plaintiff, Robert Balcom, and his friend were within the range of Hensiak’s vision while they were standing at the…