Vincen v. Lazarus

McQUADE, Justice.

This opinion treats together two actions which were consolidated for disposition, since they both arose out of the same accident. During the late afternoon of July 23, 1965, plaintiff-respondent David Vincen (Vincen) accompanied by his wife, was driving his employer’s 1955 GMC truck northerly on Highway 28, a two-lane highway, in Lemhi County, Idaho, and near the old mining town of Gilmore. The truck was a flatbed and was loaded with an Ingersoll-Rand rock drill weighing 5,000 to 6,000 lbs. It was daylight, the weather was clear, the highway was dry, level and straight for…