Letha C. Burleson v. I. S. Canada and Mrs. C. C. Canada, Individually and as Partners, D/B/A Canada Lumber Company

SOPER, Circuit Judge.

Letha C. Burleson, plaintiff in the District’Court, was seriously injured on July 28, 1956 when an automobile in which she was riding at 4:30 A.M., near Kingstree, S. C., ran into the rear of a tractor-trailer, loaded with lumber, which had broken down and was stalled on the highway. She sued James D. Mc-Crae, the owner and driver of the tractor-trailer, for negligence in leaving his vehicle in the highway in the path of vehicular traffic and she joined I. S. Canada and C. C. Canada as parties defendant on the ground that they had overloaded the truck with lumber to such…