Johnson v. Mallory

Tewell, District Judge.

Plaintiff brought this action to recover damages arising from personal injuries that resulted from an automobile, in which the plaintiff was riding, striking the rear end of a truck owned by the defendant. At the close of the introduction of evidence by the plaintiff, the trial court, upon motion of the defendant, directed the jury to return a verdict for defendant, and entered a judgment dismissing the action. The plaintiff appeals.

The defendant was engaged in hauling merchandise by truck. On the day of the collision in question, one Eggert, an employee of the…