[Download] "Guinther and Another v. Schucht and" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free
eBook details
- Title: Guinther and Another v. Schucht and
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 05, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
On May 12, 1958, appellant Herman Schucht was hauling gravel in his 1956-GMC dump truck to a new subdivision development for street-grading purposes. On one particular dumping run, Schucht was moving forward at three or four miles an hour with the box elevated about half way, when the truck tipped over on its right side, crushing the automobile of the respondent, Malcolm Guinther. Guinther and Schucht were the only witnesses to the accident. On previous runs, Schucht had dumped between 10 and 15 loads. The truck did not require repairs after it was lifted off the car the next day, and Schucht continued hauling gravel. On July 1st he traded in the truck which had a "ram" or "hoist" on each side to raise and lower the box, and purchased a new truck which had only a single "ram." John Ratz purchased the truck on July 26th. He testified that when he bought it the right ram was being repaired and that he noticed a "malfunction" of the ram as soon as he began using the vehicle. About six days after the acquisition, the right ram collapsed causing the truck to tip over on its right side.