Mechler v. McMahon

1 Reported in 289 N.W. 605. Defendants appealed from an order denying their motion for a new trial.

The case has been here before, 180 Minn. 252, 230 N.W. 776. Plaintiff drove his automobile, a roadster, on a wet and slippery, paved trunk highway at night at a speed of about 35 miles per hour. Ahead of plaintiff was a truck, owned by defendant McMahon, loaded with apples and covered with khaki-colored tarpaulin and operated by his employe, defendant Bogoty. The front and rear lights on the truck went out. The truck was stopped in its line of travel. The night was dark and drizzly. Plaintiff…