Worthington v. McDonald

Following trial to the court without a jury plaintiff had judgment for $1000 for damage to his grain combine from a collision with defendant’s gravel truck on a bridge over a stream. Defendant-appellant’s sole contention here is that plaintiff was guilty of contributory negligence as a matter of law in violating two statutes.

Plaintiff’s combine, pulled by a tractor, was moving south and the truck was going north. The left (east) side of the combine came in contact with the side-view mirror and a board six inches wide on the catwalk on the.left (west) side of the truck, loaded with gravel.…