Thompson Caldwell Const. Co. v. Young

ROSE, Circuit Judge.

The defendant in error was plaintiff below and will be so styled here. She recovered a judgment for the negligent killing of her husband, who died from injuries received in a nighttime collision on a concrete roadway between the automobile in which he was a guest and a temporarily broken down and unlighted truck of the defendant, which for perhaps six feet obstructed the right-hand *146side of the roadway in question. The jury found that the failure of those in the automobile to see the truck in time was not due to their contributory negligence. Nevertheless the defendant says…