Smart v. Fox

Although defendant offered evidence in sharp conflict therewith, a review of certain of plaintiff’s evidence will suffice to point up the basis of decision. There was evidence which, considered in the light most favorable to plaintiff, tended to show the facts narrated below.

Plaintiff’s truck was parked on the right shoulder of #160, headed north, with not more than two feet of the truck on the paved portion of the highway. The width of the shoulder was “about 4% feet at the most,” and beyond the shoulder there was “a small ditch.” Plaintiff’s truck had been so parked “a few minutes — three…