Billups v. American Surety Co.

The opinion of the court was delivered by

Parker, J.:

Plaintiffs, as partners, brought this action in September, 1949, against the ■ defendants to recover damages to their tractor truck and for loss of the use thereof, all claimed to have been sustained by them as the result of an accident and collision between three motor trucks on the public highway near Manhattan.

All issues involved on appeal relate to the sufficiency of the petition. For that reason and because such pleading discloses the factual situation about as clearly as it could be described in narrative form we shall quote from it at…