Jordan v. Brady Transfer & Storage Co.

Appellant has described this action as “an attempt to upset a settlement”. The appellee was injured on August 22, 1935, when an automobile, parked partly on a paved highway, in which he was seated as a guest, was struck by a truck of the defendant.

The petition contained the allegations usual to the statement of a cause of action for personal injuries received through the alleged negligence of a defendant under such circumstances. In the first division of its answer, the defendant denied generally, and in the second division, it alleged that the plaintiff was barred from recovery because the…