Swiff v. Michaelis

CODY, Justice.

This is an action by appellee to recover damages to his automobile and person resulting from a collision with a truck belonging to appellant, which occurred on the Galvestón-Houston Highway the night of November 5, 1934, not far from League City.

The negligence charged by appellee, among other things, was that the driver of appellant’s truck allowed it to remain standing upon the paved and traveled portion of the highway, at night and when it was raining, when it was possible to have parked it on the shoulder of the road; also in leaving the truck without leaving a clear and…