SHOEMAKER, J.
This is an appeal by plaintiff Lawrence Wesley Smith, a minor, through his guardian ad litem, Miga L. Smith, his mother, from a judgment rendered against him in his suit brought to recover for his personal injuries suffered when struck by a truck driven by defendant David Wemmer, during the course of his employment by defendant Garold Wemmer, doing business as Wemmer Ready Mix Company.
The facts are substantially without conflict. The...
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