Clark v. St. Paul Property & Liability Insurance Companies

DONALDSON, Justice.

The parties stipulated for the purpose of the declaratory judgment that the following facts were to be considered as true. On September 3, 1978, one of the plaintiff-respondent’s trucks departed Buhl, Idaho with a refrigerated truckload of fresh and frozen fish owned by several producers and packers from the Magic Valley area. The destination of the truck was Los Angeles, California. On September 4, 1978, the plaintiff’s driver pulled off the interstate highway and stopped his truck near a restaurant. While approaching the rear of the truck to check the tires, the driver…