Ellis v. Robb

*877Wennerstrum, C. J.

Plaintiff’s action for damages has resulted by reason of an accident which occurred in a fog and at which time plaintiff’s automobile collided with the rear of defendant’s truck. It had been stopped on the right-hand side of a paved highway for the purpose of inspecting and fixing the motor and lighting equipment. Defendant denied that he was in any way negligent and alleged that the plaintiff was guilty of contributory negligence. At the close of the plaintiff’s evidence, and also at the close of all the evidence, the defendant moved for a directed verdict. These motions…