Alpha Construction Co. v. Branham

CLAY, Commissioner.

While plaintiff appellee was riding a horse on a highway he received serious personal injuries in a collision with defendant’s truck. A judgment of $25,000 was recovered. Appellant’s principal conten*791tion on this appeal is that it was entitled to a judgment notwithstanding the verdict because its driver was not negligent, or if so, the plaintiff was contributorily negligent as a matter of law.

Plaintiff was riding his horse at a slow running walk on the narrow right-hand shoulder of a 16 foot blacktopped highway which was straight and level. Appellant’s truck approached from…