Whitaker v. Douglas

The opinion of the court was delivered by

Wertz, J.:

This was a common law action to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. Plaintiff appeals from the order of the trial court sustaining defendants’ motion for judgment on the pleadings.

The pertinent part of the petition alleged plaintiff’s residence; that the defendants were co-partners engaged in the construction business; that plaintiff was operating a truck with cement mixer attached, the aggregate weight of which was fourteen tons; that he was delivering the cement for the…