Trombetta v. Champlain Valley Fruit Co.

This is an action in tort to recover damages for personal injuries and loss of earnings resulting to the plaintiff from an automobile accident on June 23, 1951. It comes here upon defendant’s exceptions after a verdict and judgment for the plaintiff.

The undisputed evidence shows that the plaintiff was operating a heavily loaded gasoline truck southerly on the main paved highway a few miles south of Rutland, and had been proceeding along a long straight stretch up a slight grade at a speed of approximately 15 miles per hour at a point where the truck when loaded could not go faster than 15 to…