Mechler v. McMahon

Defendants appealed from an order denying their motion for a new trial.

The case has been here before, 180 Minn. 252, 230 N. W. 776. Plaintiff drove his automobile, a roadster, on a wet and slippery, paved trunk highway at night at a speed of about 35 miles per hour. _ Ahead of plaintiff was a truck, owned by defendant McMahon, loaded with apples and covered with khaki-colored tarpaulin and operated by his employe, defendant Bogoty. . The front *478and rear lights on the truck went out. The truck was stopped in its line of travel. The night was dark and drizzly. Plaintiff did not discover the…