Kimmel v. Mitchell

On the night of March 24, 1931, defendant Mitchell was driving a truck on the paved road between Dallas Center and Des Moines. The truck ran out of gas and the driver turned it somewhat onto the shoulder of the road. Just how much it was driven onto the shoulder, and just what the driver did after stopping the truck, in the way of making the presence of the truck ascertainable by one approaching from the rear, is in dispute. In any event, the driver ultimately left the truck and started on foot for Dallas Center, to secure a supply of gasoline.

The headlights and green lights on the front of…