Berndt v. Pacific Transport Co.

Plaintiffs in this action, Henry and Lydia Berndt, were, at all times herein mentioned, husband and wife, residing at Wenatchee.

The defendant Pacific Transport Company, Inc., is a Washington corporation (herein referred to as Pacific), and defendant Charles W. Struck was in the employ of that company during the month of March, 1949.

At about seven o’clock a. m., March 16, 1949, plaintiffs left their home in their automobile, intending to drive to Everett over the Stevens pass highway.

At about four o’clock a. m., the same morning, Struck, driving Pacific’s truck and trailer loaded with fuel…