Hirschbach v. Dubuque Packing Co.

WADE, Justice.

Raymond Hirschbach, appellant herein, brought this suit to recover damages to a vehicle and cargo caused by a collision between that vehicle and a parked motor vehicle belonging to respondents. This appeal is from a summary judgment based on the pleadings, answer to interrogatories and an affidavit supplied by appellant.

The collision occurred in the nighttime, about September S, 1955, on U. S. Highway 40-50, about four miles west of Knolls, Utah. It is a two-laned highway separated by a painted line. It is straight and level and in good condition. Just prior to the collision the…