KNUDSON, Justice.
This action was presented to the trial court and is here upon a stipulation of facts the pertinent parts of which are as follows:
It is hereby stipulated between Hugh C. Maguire, Jr., prosecuting attorney for Bannock County, and Edward W. Pike, attorney for Frank F. Lawler, that the facts in the above entitled case are as follows:
That on March 17, 1956, at 11:40 a. m. a truck and trailer belonging to the V-1 Oil Company, Idaho Falls...
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