Kinser v. Riss & Co., Inc.

KERNER, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury. The action was brought to recover damages occasioned by the alleged negligence of defendant in leaving its motor truck standing on a public highway. The complaint alleged inter alia that defendant had been guilty of one or more of the following acts of negligence which directly caused injury to plaintiff’s person: It negligently (a) left its truck standing on a paved and main traveled portion of a highway when it was practical to leave it standing parked off such part of the highway; (b) left its truck…