Kwiatkowski v. Shellhorn & Hill, Inc.

Christie, Judge.

On December 10, 1960, defendant, James Evans, was operating a fuel oil tank truck on Foulk Road in Wilmington in the course of his duties as an employee of defendant, Shellhorn & Hill, Inc. Traveling at a speed of 35 to 40 miles per hour, the front wheels of the truck left the edge of the road- and became lodged in a small rut between the road and the shoulder. As defendant attempted -to extricate the truck from this position, the rear wheels left the road also and at approximately the same time the front wheels came out of the rut, the truck veered out of control into the…