Box v. Town of Gonzales

SARTAIN, Judge.

Plaintiff was injured when he drove his vehicle into a screen of smoke and collided' with a fire truck owned by the Town of Gonzales that was parked partially on the highway and the shoulder.

The trial judge found as a matter of fact that the accident happened on a relatively straight stretch of road and though there was some testimony concerning dips in the road, there could be no doubt that the smoke crossing the highway was clearly visible to plaintiff. He held that the presence of the smoke did not create, a sudden emergency and that plaintiff was negligent in entering the…