Borris v. Cox

Thomas Gallagher, Justice.

Action for damages to plaintiff’s Chevrolet dump truck arising out of a collision between it and defendant’s Dodge pickup truck, which occurred September 8, 1953, at an intersection formed by two county highways approximately one mile west of Kiester. At the time plaintiff’s truck was owned by Orie Wade and driven by the latter’s employee Leo Whalen. The truck, as well as the cause of action for its damages, was subsequently transferred or assigned to Eobert Borris who brought the present action.

At the close of the plaintiff’s case, the trial court directed a verdict…