Whitaker v. Douglas

The opinion of the court was delivered by

Harvey, C. J.:

This was a common law action for damages for personal injuries sustained by plaintiff, which were alleged to have been caused by the negligence of defendants.

The petition filed May 18, 1953, gave the residence of the parties and alleged that the individual defendants were copartners engaged in the construction business and were doing business under the firm name of Douglas Construction Company; that on June 19, 1951, plaintiff was operating an International truck with a cement mixer attached, loaded with 3 cubic yards of concrete of the…