Smith v. Glenn

Bell, Presiding Judge.

Frank Glenn brought this action against Hugh A. Smith to recover for personal injuries caused by defendant’s negligence. The undisputed evidence showed that plaintiff was riding as a guest passenger in a pickup truck operated by defendant. It was nighttime, and the truck was traveling at a speed of approximately 45 miles per hour on a rural post road over hilly terrain and approaching a curve downgrade to the right. Defendant dropped a lighted cigarette, which fell to the floor of the truck. Defendant made no effort to stop the truck, but immediately bent over, as low as…