Dixon Ex Rel. Dixon v. Lilly

The sole question for decision on this appeal is whether or not the court below erred in failing to sustain the defendant’s motion for judgment as of nonsuit.

The plaintiff alleged in his complaint that the “defendant failed to sound a horn or to use any other warning device or to give any adequate or timely signal or warning to this plaintiff of the defendant’s approach, or intended course * * However, plaintiff did not allege that the defendant’s truck was being operated without lights.

Moreover, there is no evidence tending to show that the defendant was operating his truck at an excessive…