Kline v. Moyer and Albert

Opinion by

Mr. Justice Stern,

On a clear day in January, 1935, defendant Albert was driving his truck on the Philadelphia pike to Reading. At about 3:15 P. M., when five or six miles from his destination, the rear axle broke. At that point the road is straight for a considerable distance; it is a concrete highway twenty feet wide, with 8 to 12 foot berms. Albert, being alone on the truck, went to Reading to seek aid, leaving the truck standing where it had stopped on the easterly side of the road, with all four wheels on the concrete. At about 5: 50 P. M., it having become dusk, a car in which…