Smallwood v. Parr

While John Smallwood was driving his cattle across the highway they were struck by a truck driven by S. H. Johnson, an employee of Ed Parr, acting within the course of his employment. Several head of cattle were killed and others were injured. Smallwood brought this suit to recover damages therefor against both Parr and Johnson. In addition to several grounds of primary negligence, among which were those grounds inquired about in issues submitted to the jury, as hereinafter shown, plaintiff alleged that if he were negligent, as alleged by defendants, that Johnson, the truck driver, discovered…