Hestand v. Clark

Plaintiffs brought action in the circuit court of Saline county for damages done to two automobiles owned by them as a result of a collision with defendant’s pickup truck on State Route 13 three miles west of Harrisburg. A trial without a jury resulted in a judgment for the plaintiffs in the amount of $643, from which judgment defendant appeals, contending primarily that plaintiffs’ employee who was driving the automobiles was guilty of contributory negligence. The parties will continue to be designated as in the trial court in this opinion.

On the morning of March 21, 1950, at about 5:40 a.…