Scott v. Darden

Plaintiff’s evidence is as follows:

About 9:30 a.m. on 13 November 1961 Larry Shields, an employee of plaintiff, in furtherance of his employer’s business was driving a 1953 GMC truck loaded with about thirteen tons of pulpwood south on U. S. Highway #117, and approaching a point where this highway is intersected by a paved road coming out of the town of Calypso. (The complaint alleges the time was 9:30 p.m. It is so stated in plaintiff’s brief. Larry Shields, -a witness for plaintiff, testified it was in the morning, about 9:30 a.m., and the time is so stated in defendant’s brief.) U. S.…