T. S. Frith v. B. N. Studdard

PER CURIAM. This is an appeal by defendant from a judgment at law rendered against him in the sum of $2,000. There is only
one count in the complaint which charges simple negligence in the operation of a motor vehicle on a public highway in this
State. On February 7, 1956 plaintiff's truck was being driven westward on a highway extending from Clanton to Maplesville by one
Gilbert K. Green who was the servant or agent of the plaintiff. The truck consisted of a tractor and a tank trailer loaded
with 998 gallons of gasoline and oil, and weighing approximately 9,000 pounds with the cargo. The defendant was driving a
pick-up truck, with his wife as a passenger, and was traveling eastward toward Clanton. The two trucks were therefore traveling
in opposite directions. The defendant had a bundle of laundry which he intended to deliver to a Mr. Littlejohn whose residence
adjoins the highway on the north; and access to it is by a private driveway extending from the highway. In order for the defendant
to accomplish his purpose it was necessary for him to cross the lane of traffic in which the plaintiff's truck was traveling.
One aspect of the evidence tended to show that defendant turned his truck toward the left across the lane in which plaintiff's
truck was traveling. In consequence of which plaintiff's truck driver turned his truck off the lane and onto the adjoining
shoulder, thus clearing the defendant's truck. But the right front wheel of plaintiff's truck passed into a soft muddy spot
at the lower edge of the shoulder which caused the truck to veer, and it shook plaintiff's driver from behind the steering
wheel and rendered him unconscious and entirely without control of the truck. Plaintiff's truck was traveling about forty-five
miles per hour and proceeded along the shoulder until it came in contact with a concrete post standing at the entrance to
a culvert and as a guard to it. The truck struck the post and turned over, causing the loss of the entire cargo of gasoline
and oil and damage to the truck -- for all of which plaintiff claimed and recovered a judgment.