Cox v. Lee

BabNhii/l, J.

Tbe conclusion that the defendant committed an act of negligence in leaving his truck standing partly on the hard surface portion of the highway in the nighttime, unattended and without lights, would seem to be inescapable.

The question then is this: Does the evidence, considered in the light most favorable to plaintiff disclose negligence on the part of the driver of plaintiff’s automobile which, as a matter of law, was a contributing cause of the collision and resulting damage? A careful review of the record leads us to the conclusion that we must answer in the affirmative.

The…