Stanchis v. Hess Oil & Chemical Co.

OPINION OF THE COURT

A truck owned by Hess Oil & Chemical Company stalled on company premises and .an attempt was made to start it by pushing it on a public street. After this proved unsuccessful, the disabled truck was left unattended and unlighted on the travelled portion of the two-lane highway; and after nightfall, no flares and reflectors were placed to warn approaching traffic.1

That night Schwartz operated an automobile along this road with Stanchis as a passenger. While he was travelling within the speed limit, his headlights picked up an obstacle some 100 feet to his front and although…