Brink v. H. Earl Clack Co.

GIVENS, J. —

November 13, 1938, Stanley L. Brink was, and for about a year prior thereto had been, in charge of and engaged in the distribution of gasoline by motor truck for H. Earl Clack Company, one of the defendants herein, at and from Coeur d’Alene.

The evening of the 12th, Brink, accompanied by his brother-in-law Ed. Bryan, delivered gasoline to Rose Lake, whence returning attempting to pass a stalled automobile on a muddy and slippery road (Bryan having gotten out of the truck to see if it could be driven by the stalled automobile) the truck overturned on its top in the barrow pit…