Montgomery v. National Convoy & Trucking Co.

186 S.C. 167, 195 S.E. 247 (1937)

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Nature of the Case

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Facts

National Convoy & Trucking Co. (D)'s trucks stalled on an icy highway, blocking traffic. D left their lights on, but they failed to put out flares to warn drivers coming over hill. Montgomery’s (P) chauffeur came over the hill, and due to the icy conditions, was unable to stop in time once he saw D's truck. D was not negligent in stalling their trucks. However, D was negligent for creating a dangerous condition and failing to neutralize it. He had a duty to warn others. P sued D for D's negligence in failing to warn of the danger he had created in a manner that would have been effective. At the close of testimony, D moved for a nonsuit on the grounds that the evidence showed no actionable negligence on their part; that the collision, as a result of which P was injured, was unavoidable. The motion was refused. The trial court gave judgment for P. The trial Judge held that although the road was blocked accidentally or unintentionally, one so blocking the highway must use the care required of a man of ordinary prudence and discretion, to warn oncoming vehicles in the nighttime and that Ds were negligent in not giving warning to oncoming vehicles of the blocked condition of the highway. D appealed.