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Torts Keyed to Epstein
Montgomery v. National Convoy & Trucking Co
Facts
Without their fault, Defendant’s truck stalled on an icy highway blocking the road completely. Fifteen minutes later, Plaintiff’s car came over a hill and started down toward the trucks before Plaintiff or Plaintiff’s driver could see them. Defendants knew or should have known that Plaintiff’s car could not stop because of the icy conditions of the road. Defendant’s drivers had ample time to place warning signs at the top of the hill where it would have been possible for Plaintiff to stop his car. Plaintiff sued Defendant for negligence. Defendant directed verdict was refused. The jury awarded Plaintiff $3,000.00. Defendant appealed.
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