Tucker Freight Lines, Inc. v. Gross

The complaint in this case alleges that while plaintiff (appellee here) was riding at night, in an automobile driven by one John Challek, it approached, from the rear, a truck and semi-trailer owned by the Tucker Freight Lines, Inc., which its agent and employee, Delbert Smith, had parked on the traveled portion of the highway without causing to be displayed at a distance of approximately 300 feet to the rear thereof a brilliant burning danger or caution signal as required by law; that a collision resulted, whereby plaintiff was injured.

To this complaint, the defendants filed an answer of…