Wenham Transportation, Inc. v. Radio Construction Co.

Opinion by

Hirt, J.,

About 4:30 in the morning of May 27, 1952 plaintiff’s driver was proceeding eastwardly on alternate Route 5 known locally as The West Lake Road in Erie County. The spacious covered trailer drawn by plaintiff’s tractor contained a cargo of freight weighing over 12 tons, for delivery to a consignee in New York State. The defendant’s truck was being driven westwardly on Route 5 when, at a point about 5 miles west of the City of Erie, the two vehicles came into collision to the admitted damage of plaintiff in the sum of $1,500. In this action the jury found for the plaintiff in…