Browne Ex Rel. Browne v. Creek

Late in the afternoon of January 10, 1946, about 5:30, the appellants' Ford delivery truck was driven off the pavement on Highway 54, near Nevada, to avoid colliding with another truck. The shoulder was wet and muddy and when the driver attempted to get the truck back onto the pavement it slid down the north shoulder and the rear wheels became mired in the ditch. When it finally became impossible to move the truck it had so slid that the rear wheels were yet in the ditch and the front wheels were pointed "a little to the left diagonally (southwest) across the highway." The truck remained in…