Towell v. Staley

The opinion of the court was delivered by

Smith, J.:

This was an action for damages to plaintiff’s truck alleged to have been sustained when the truck in question while being driven by plaintiff collided with the truck of defendant, which it was alleged was parked on the right-hand side of the high*128way in the nighttime without lights. Judgment was for the plaintiff. Defendant has appealed.

The petition alleged that plaintiff was driving his gasoline transport truck in an easterly direction on U. S. Highway No. 50 south, at 2 a. m,., and that due to the negligence of defendant plaintiff’s truck…