Marion Trucking Co. v. Byers

On June 6, 1947, one Don Burkett was in the general employ of the appellant Marion Trucking Company, Inc., and while driving a tractor belonging to his employer, in a southerly direction on Capitol Avenue in the city of Indianapolis, collided with an automobile being driven north on said street by the appellee Ray Byers. Upon suit Byers recovered judgment against both the Marion Trucking Company, Inc., and Burkett and they appeal. Burkett, however, has filed no brief in support of his position nor is he represented by counsel and we assume that he has abandoned his appeal. It will be…