Smith v. Carter

Mr. Presiding Justice Stone

delivered the opinion of the court.

Plaintiff, Clarence Smith, sustained serious and permanent injuries in a collision between a Buick pickup truck in which he was riding as a guest passenger and a heavily loaded International stake body truck owned by the defendants Floyd Carter and George Carter as copartners and driven by their servant. The collision occurred at night on Highway No. 67 in Madison county. Plaintiff instituted suit charging specific and general negligence. Defendants denied all charges of negligence and a trial was had in the Madison circuit court…