Cole v. Barber

On August 24, 1953, at about 3 a. m., the plaintiff, Billie Cole, .was operating a tractor, a flat-bed trailer and a four-wheeler (pup) at a speed of approximately 40 miles an hour south on US-24, approaching the city limits of Monroe. This is a 3-lane paved highway. The night was clear but dark and there were no highway or city lights. The highway was straight, and there was no approaching traffic. Plaintiff’s truck was lighted and in good working order. Plaintiff was in the center lane, passing a loaded freight van that was traveling in the same direction at a lesser speed in the west lane.…