Metcalf v. Franklin Asphalt Paving Co.

There is no doubt ixx our minds as to the negligence of the Asphalt Company in maintaining its tool box at the point where the tool box stood and without lights thereon to enable motorists upon the highway to discover its location. The question is as to the negligence of Metcalf. The trial court held that the evidence was sufficient to show that Metcalf was negligent in not stopping his car upon the appearance of danger, or when it became apparent that the Marsh car would likely veer across the road and into the path of the Metcalf car. Both drivers testified that they were driving at…