Stump v. Follmer Trucking Co.

Opinion by

Judge Mencer,

In the early morning hours of September 5, 1962, a tractor-trailer truck owned by Follmer Trucking Company, being driven east on Route 61 in the Borough of Frackville, Pennsylvania by their employee, David A. Stump, struck a tree limb overhanging the street. David A. Stump stopped the truck about 120 feet from the tree and turned on the truck’s flasher lights. He then proceeded to the rear of his truck holding a two-cell flashlight in his left hand. Thereafter, he was found lying on the sidewalk near the tree. He was clutching his stomach with his arms and, although…