Montgomery v. National Convoy & Trucking Co. case brief

Montgomery v. National Convoy & Trucking Co. case brief summary
195 S.E. 247 (S.C. 1937)

CASE SYNOPSIS

Appellant truck owners sought review of a judgment of the trial court (South Carolina), which ruled in favor of respondent passenger in her action for damages for injuries she sustained when her automobile struck the owners' trucks that were stalled on a highway.

CASE FACTS
The passenger, riding in her automobile with her chauffeur driving, was injured when the automobile slid on ice and struck the owners' trucks that were stalled on the highway. The passenger brought an action against the truck owners that alleged her injuries were the direct and proximate result of the joint and several acts of negligence and carelessness of the truck owners in the operation of their trucks. The trial court ruled in favor of the passenger.

DISCUSSION

• On appeal, the court affirmed the trial court's judgment and held that it was incumbent on the truck owners to take such precautions as would reasonably be calculated to prevent injury. 
• The court ruled that the truck owners failed in their duty to warn approaching vehicles because the lights at the point where the trucks blocked the highway were not an effective warning. 
• The court held that the verdict of the jury was not contrary to nor in violation of certain portions of the trial court's charge.

CONCLUSION

The court affirmed the trial court's judgment in favor of the passenger.

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