Stover v. Concrete Sawing and Sealing Corporation

OPINION

LANGDON, Justice.

The appellant’s motion for rehearing is granted, and our opinion of January 31, 1969, is hereby set aside and the following substituted in lieu thereof as the opinion of the Court.

The plaintiff, C. M. Stover, sued Don Bowden and Concrete Sawing and Sealing Corporation for personal injuries sustained by him when he was struck by a pickup truck driven by Billy Jackson, who, it was alleged, was acting within the course and scope of his employment for the defendants. (There were other defendants originally not necessary to mention herein.)

The defendants filed motion for…