Earl R. Rogers, Administrator of the Estate of John T. Kelsey, Deceased v. Hi-Way Dispatch, Inc., a Corporation, and Harry Holdrun

DUFFY, Senior Circuit Judge.

This is a diversity suit. On April 13, 1967, at about 5 p. m. on a clear day, a two-truck collision occurred on Interstate Highway 70 about two miles west of Effingham, Illinois. Each truck was traveling in an easterly direction. The highway was a four-lane divided throughway, and the trucks had been traveling in the far righthand lane.

The truck owned by defendant, Hi-Way Dispatch, Inc., and driven by defendant Harry Holdrun, had been having mechanical defects with its transmission so that at times the malfunction made it impossible to drive the truck at a speed…