Black v. Gurley Milling Co.

Plaintiff’s evidence shows these facts:

About 2:30 p.m. on 12 January 1959, during fair weather and “broad-open daylight,” a truck owned by Gurley Milling Co., Inc., and driven by its employee J. T. Medlin, was standing still in the middle of U.S. Highway 74-76 fronting west near the Leland School, and 200 feet or further west of a railroad crossing in or near the town of Leland. It had no flares or lights behind it. Medlin was sitting in the cab with the hood of the tractor up.

About the same time, H. E. Raynor was driving a 52-foot-long tractor and oil tanker filled with 6800 gallons of…