Willett v. McCormick

The opinion of the court was delivered by

Smith, J.:

This is an action for damages alleged to have been sustained when a truck driven by the agent of defendants collided with an automobile plaintiff was driving. Judgment was for the defendants sustaining a demurrer to the petition. Plaintiff has appealed.

The paragraph of the petition in which we are interested reads as follows:

“Plaintiff’s automobile was struck by a truck which was traveling north on Van Burén street, which truck was owned by the defendants and negligently driven by the agent, servant and employee of the defendants. That the…