Darmento v. Pacific Molasses Co.

We find no view of the evidence under which any possibly negligent conduct of defendant Walter J. Finlay, Sr., the driver of the tractor trailer with which plaintiffs’ car collided, contributed to the happening of this accident. Both drivers testified at their examinations before trial that they were proceeding south on State Route 13 at a speed of 30 to 35 miles per hour and that the road was slippery. The tractor trailer was 40 feet long, fully loaded with molasses and had a loaded gross weight of 63,000 pounds. We agree with the majority that there was no competent proof that the claimed…