Janeway v. Lafferty Bros.

Opinion by

Mr. Justice Barnes,

This action in trespass was brought to recover damages resulting from the collision of plaintiff’s automobile with a truck owned and operated by the defendant company, which was stalled on the side of a highway.

From the evidence it appears that on December 29, 1932, at an early morning hour, the truck, which was a heavy freight-hauling type, was proceeding south on Pennsylvania route No. 220. At a point approximately two miles north of Bedford, the truck slipped from the concrete highway onto the shoulder of the road, where it became mired in the soft fill on the…