Middleton v. Partin

CLAY, Commissioner.

Plaintiff was injured when thrown out of defendant’s bus on a narrow wooden bridge.' The jury returned a verdict for the defendant. On this appeal plaintiff contends (1) he was entitled to a directed verdict, and (2) the court erroneously gave an “accident” instruction.

Defendant’s bus is a touring car type. Plaintiff was on the front seat. As the bus traversed a one lane plank bridge at a speed of from 25 to 35 miles per hour a loose,2 x 4 flew up and jammed between the axle and the radius rod. This lifted the front end of the vehicle and caused it to swerve into the…