Barrier v. . Thomas and Howard Co.

The only question presented by this appeal is whether there was error in the refusal of the trial court to allow defendants’ motion for judgment as of nonsuit, at the close of all the evidence. O. S., 567. The defendant contends:

1. That, conceding that the evidence offered by the plaintiff tended to show that its truck was parked on the highway, in the night time, without a light on its rear, in violation of C. S., 2621(77) and C. S., 2621(94), as alleged by the plaintiff, all the evidence showed that such negligence on the part of the driver of the truck was not the proximate cause of…