Mitchell v. Rogers

This is an action to recover damages for personal injuries arising out of an automobile accident.

The evidence in the case is much in conflict, but, in general, what seems to have occurred was this: On July 22, 1947, appellant Preston, accompanied by a hitchhiker, Milton Tate, was driving a truck, owned by appellants Heim-bigner, from Oregon to Sprague, Washington. It was the middle of the afternoon of a bright, sunny day. The truck was of the flat-bed type, about seven feet ten inches wide at its widest point, and was loaded with a five and one-half- ton tractor. At a point about two and…