Claude Jones & Son v. Lair

FOSTER, Justice.

The first question on this appeal relates to the sufficiency of the complaint on demurrer.

Plaintiff driving a car at night ran into a truck of defendants parked on the side of a public highway. The suit was tried! on counts 4, 5 and 6, and the question is-their sufficiency on the demurrer.

The breach of duty in each count is that defendants, their agent, servant or employee, etc., “left, permitted or suffered an automobile or truck to be parked in or on said highway at night without proper lights, torch or warning signal.”

The first question raised is whether that is the…