LeClair v. Hubert

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment overruling defendant’s demurrer to plaintiff’s third amended petition in which he sought to state a cause of damages for negligence in the operation of a truck in the cab of which plaintiff was riding beside the defendant driver when the truck collided with an automobile at a crossroads intersection.

The pertinent facts were these: The defendant, Leo Hubert, of Concordia, is a contract carrier and operates a half-ton truck under a permit issued by the state corporation commission. Sometime prior to July…