Claud W. Nesbit v. W. O. Everette

HUTCHESON, Chief Judge.

The suit was for damages resulting from the head end collision at 8:10 at night of plaintiff’s automobile with defendant’s loaded truck-tractor and trailer, which unlighted and unprotected by flares, fusees, or other warnings, was parked on and obstructed the side of the highway down which plaintiff and his wife were traveling.

The claim was: that defendant in thus parking was guilty of gross negligence and carelessness and was violating the statute law of Florida; and that while the truck was thus parked, plaintiff and his wife, who in their automobile were approaching…