Underwood v. Lowery

Deen, Presiding Judge.

The sole question in this damage action is whether the evidence demands a verdict in favor of the defendant owner and defendant driver of a truck loaded with pulpwood. It is undisputed that witness A, driving after dark along an asphalt road about 24 feet wide, came upon a log in the road. He was able to swerve into the lane of opposing traffic and miss it (the area beyond the right lane being blocked by a ditch); that proceeding a short distance down the road he came up behind the defendants’ truck and saw other logs drop off; that he managed to stop the truck,…