Lewis
Lewis v. Franklin
Opinion
Opinion
Fox, J.
This case arises out of a collision between two trucks and semitrailers. The plaintiffs are Lewis, the driver of one of the trucks, and Advance Truck Company, his employer. The defendants are Franklin, the driver of the second truck, and Bayard Industries, his employer. Bayard Industries filed a cross-complaint, naming as cross-defendants Lewis, Advance Truck Company, and Johnson, a second employee of Advance Truck Company who was driving another company truck behind Lewis when the accident occurred. The jury returned a verdict for Bayard Industries on the cross-complaint, and judgment thereon was entered accordingly. The motion of the cross-defendants for judgment notwithstanding the verdict was denied (their motion for directed verdict having been denied previously). Plaintiffs (Lewis and Advance Truck Co.) have appealed from the judgment in favor of defendants on the complaint, and the cross-defendants (Lewis, Advance Truck Co. and Johnson) have appealed from the judgment against them on the cross-complaint and from the order denying their motion for judgment notwithstanding the verdict.
The accident occurred at about 10:30 p.m. on January 12, 1955, at the intersection of…