Legal Opinion

Brumley v. Barney O'Hern Trucking Co.

California Court of Appeal

Decided July 16, 1957No. Docket Nos. 21931, 21932PublishedCited by 2 opinions

1Opinion of the Court

DRAPEAU, J. pro tem. *

These two eases are for personal injuries, death, and property damages from a collision of a truck and trailer and a tractor and semitrailer.

As commonly referred to in the trucking industry, a truck is a propelling unit with a body for carrying cargo, to which a trailer also carrying cargo may be attached. A tractor is a propelling unit, carrying no cargo, to which a semitrailer may be attached. A semitrailer has no motive power, carries cargo, and is fastened to and rides upon a “fifth wheel” on the rear end of a tractor.

On July 23, 1954, at about 1:30 o’clock in the…

2Cases cited3 opinions

  1. Gigliotti v. NunesCalifornia Supreme Court · 1955
  2. Lane v. Pacific Greyhound LinesCalifornia Supreme Court · 1945
  3. Carr v. DuncanCalifornia Court of Appeal · 1949

3Cited by2 opinions

  1. Skyways Aircraft Ferrying Service, Inc. v. StantonCalifornia Court of Appeal · 1966
  2. Powley v. ApplebyCalifornia Court of Appeal · 1957

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