State Ex Rel. Caraker v. Becker

This is an original proceeding in certiorari. In making a brief preliminary statement of the facts and history of the case out of which the proceeding arises we draw upon the opinion of the St. Louis Court of Appeals (Clifton v. Caraker (Mo. App.), 50 S.W.2d 758) a certain portion of which relators contend contravenes previous rulings of this court.

One Roscoe Clifton was riding as a guest in an automobile truck owned by Linus Penzel. The truck was being driven by an employee of Penzel and was traveling along a highway, from Cape Girardeau, westwardly, toward Jackson when in meeting and…