Ben's Seltzer, Inc. v. Markey

The appellee Markey sued the appellants, Ben’s Seltzer, Inc. and John Lee Brown for damages sustained in an automobile collision. He alleged that the appellants were the owners and operators of a truck which was improperly stopped in the roadway, that the appellant had stopped to pick up crates which had dropped onto the road, and that appellee’s automobile was unable' to avoid a collision with the stopped truck.

The facts revealed at trial were that defendant-appellant’s truck stopped on MacArthur Causeway on the lower portion of an arched bridge. Plaintiff-ap-pellee ran into the rear of…