Fogarty v. E. J. Kelley Co.

In this action to recover for damage to the plaintiff’s truck by a collision with the defendant’s truck the court found these material facts. At about 3 a.m. on January 7, 1938, the plaintiff’s six-ton truck, as it proceeded westerly on the state highway up Nepaug Hill in New Hartford, became stalled because of the icy condition of the highway and stopped at a point about eight hundred and fifty feet from the top, with its right rear wheel against the snow bank on the north side of the road and its right front wheel about four feet therefrom, so that its front end extended into the highway to…