Wurl

This is an action for damages arising out of a collision which occurred between an automobile driven by plaintiff and "a motor-truck being operated by defendants. The collision occurred on a long curve in a highway at about 11 o’clock at night. The findings show that just prior to the happening of the accident plaintiff was driving his automobile easterly over a highway with which he was very familiar at a rate of twenty-five miles per hour; that defendants’ truck with a trailer attached thereto was being driven westwardly at from eight to twelve miles per hour, with the left wheels of the truck about one foot south of the center of the highway, and with no lights either on the truck or on the trailer; that the lights were burning on plaintiff’s automobile both immediately prior to and at the time the accident occurred. The evidence showed that on the northerly side of the highway an embankment cut off the view so that neither of the parties saw the other as each of them was rounding the curve until they were separated by a distance of approximately fifty feet, although in the daytime from the point of the accident the highway is visible in a westerly direction for a distance of…