Madden v. Vitamilk Dairy, Inc.

Weaver,

A pre-trial order limited the issue determined by the trial court-to the question:

“Was the tanker truck in question under the care, custody or control of the plaintiff or the defendant at the time of the incident here involved.”

Plaintiff, a common carrier, was licensed to deliver milk from farms to dairies. He used a milk tanker truck consisting of a tractor and a semi-trailer.

October 16,1957, plaintiff’s driver parked the tanker truck in the unloading area of defendant dairy. By reason of defendant employee’s negligence in pumping the milk from the truck, a vacuum was created in the…