Tucker v. Ragland-Potter Co.

Opinion op the Court by

Morris, Commissioner—

Affirming.

In March, 1938, appellee in suit charged that whilst its truck was being operated on the highway, appellant so negligently operated his car as to cause it to collide with and injure the truck. By answer, counterclaim and cross petition making the truck driver, Alexander, a party, appellant denied negligence and charge gross negligence. A reply denied the affirmative allegations of Tucker’s pleading and charged contributory negligence. A rejoinder closed issues.

The jury returned a verdict finding both parties negligent and the -court…