Sams v. Sigmon Ikerd Co.

CAMMACK, Judge.

The appellants, Otto and Versie Sams, brought suit against the appellee, Sigmon Ikerd Company, to recover $2,500, representing the value of a truck destroyed by a dirt fall at a strip mine operation. This appeal is from a judgment entered on the jury’s verdict in favor of the appellee. The only ground upon which the appellants rely for reversal of the judgment is that the court gave erroneous instructions.

At the time of the accident, May, 1954, Otto Sams was engaged in hauling coal in a truck which belonged to his wife, Versie, from a contour strip mine operated by the…