Alabam Freight Lines v. Phoenix Bakery, Inc.

LaPRADE, Judge.

Plaintiff-appellant instituted this action in the court below for recovery of damages to its truck in a collision with defendant-appellee’s truck. The facts are conceded to be: On August 20, 1943, at about 3 o’clock in the morning, plaintiff’s truck with trailer was being driven in a westerly direction over and on the right-hand portion of Highway 70, at a point approximately 30 miles west of Safford where the road, on its westerly course, ascends to and passes through a cut on a hill crest with a left-hand curve. At the same time, defendant’s truck with semitrailer was being…