Fairfax v. American Casualty Co. of Reading

I agree that the driver of the pickup truck was negligent in operating his truck on a public highway without taillights. I disagree with my colleagues, however, in their holding (reversing the trial court) that the driver of the following vehicle, Eligh Smith, was free from negligence.

The majority specifically recognizes the well settled rule of law, “that a motorist is held to have seen an object which, by the use of ordinary care and prudence, he should have seen in time to avoid an accident, and he must drive at such a speed that he can stop within the range of his vision.” See Lewis v.…