Union Underwear Co. v. Barnett

Opinion of the Court by

Judge Tilford

Reversing.

Death stalked Highway 60 in the early morning hours of April 7, 1939, and claimed as its victim James W. Barnett who was returning in his automobile to his home in Shelbyville from a tourist camp two and a half miles west of that city. The instrumentality employed was a heavy truck owned by the appellant, Union Underwear Company, driven westwardly, which collided with Barnett’s car about a quarter of a mile west of the city limits. The night was clear, the lights of both vehicles were burning, and the only testimony as to the cause of the fatal…