Consolidated Dairy Products, Co. v. McDonald

Langenbach, J. †

Early in the morning of May 7, 1964, appellant’s 50-55 foot long double-rig milk transport truck was traveling down a highway in Snohomish County. Lights on the truck illuminated the road to a distance of 100 feet on high beam and 30-40 feet on low beam. The driver entered a long, sweeping curve at about 50 miles per hour, the posted speed limit. As he entered this curve he saw respondents’ stud horse in the middle of his side of the road, about 40-50 feet ahead. He applied full brakes and pulled his truck to avoid the horse. The rig jack-knifed and went into the ditch causing…