Henjum v. Bok

Dell, Chief Justice.

This is an action to recover for personal injuries sustained by Arthur F. Noid who died after this case was appealed. Decedent’s administrator was substituted in his place as plaintiff. For convenience decedent will be referred to as the plaintiff.

On July 7, 1959, defendant Gus Bok, an employee of defendant Morris Co-op Oil Association, was making rural gasoline deliveries in a ton-and-a-half gasoline delivery truck owned by his employer. Bok drove the truck to plaintiff’s farm, arriving shortly before noon. The truck, with a capacity of 1,200 gallons, at that time was…