Cushman Motor Delivery Co. v. Smith

OPINION

By MATTHEWS, J.

We find that there is substantial evidence that the truck operated by Fitzgerald was parked at the time. Fitzgerald and Walker, his helper, admitted that the truck had been parked, but said that at the time of the collision they had started and were moving very slowly with the wheels on one side of the concrete and those on the other Side on the ground to the right of the concrete. Three witnesses, Berniek, Hines, and Harwood testified directly that the truck was stationary at the time and to facts tending to prove that it was. There was other circumstantial evidence to…