Smith v. Fidelity Mut. Ins. Co.

BORAH, Circuit Judge.

Russell H. Smilh brought this action against Fidelity Mutual Insurance Company, H. E. Frazier and J. A. ITookfin to recover damages for personal injuries arising out of an accident in which a truck driven by plaintiff’s servant ran into the rear oí a track owned by Frazier and driven by Ilooltfin.

In his complaint plaintiff alleged that the driver of defendant’s truck was negligent in parking the track in the center of the north-bound traffic lane of the highway without any lighted rear or side lights or flares of any kind whatsoever, and without leaving fifteen feet of…