Hays Trucking Co. v. Maxwell

BLACKBIRD, Justice.

Defendant in error instituted this action as plaintiff, against plaintiffs in error, as defendants, to recover damages allegedly incurred by her when she ran her automobile into the rear of a track belonging to the plaintiff in error, Hays Tracking Company, Inc. As this trucking company is the only defendant hereinafter necessary to mention, our further reference to the parties by their trial court designations will exclude its insurer, Highway Insurance Underwriters.

The negligence alleged to render defendant liable for the collision was its leaving its truck parked on…