Vaughn v. Payne

Plaintiff brought this action to recover damages sustained by a tractor unit of which he was the owner. The jury returned a verdict for defendant and plaintiff has appealed.

The facts so far as material to our discussion are as follows: At the time of the accident upon which this action is predicated plaintiff’s tractor was being operated by one Reiter and was pulling a gasoline tank of the Midwest Oil Company. Reiter had left Sioux Falls on the morning of the collision with a load of gasoline to be delivered at Aberdeen. Weather conditions were bad. Between Huron and Aberdeen the roads were…