Stone v. Mullen

An automobile, driven by the plaintiff, was damaged as the result of coming in contact with a truck *345belonging to the defendant, and the question presented for decision is whether, as matter of law, the plaintiff failed to exercise due care.

The accident occurred on April 15, 1925, on the road from Williamstown to North Adams with the truck headed toward North Adams. It had run out of gas and was at a standstill well on the right hand side of the road, which was of concrete, of ample width, and from the point of the accident westerly for several hundred yards, practically straight and level.…