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Montgomery v. National Convoy & Trucking Co.

South Carolina Supreme Court
195 S.E. 247 (S.C. 1937)


Facts

Trucks operated by National Convoy & Trucking Co. (National) (defendant) were stalled on a highway due to the icy conditions of the road. The trucks were parked on the road just below the crest of a hill. As such, they were blocked from view to motorists until they passed over the hill and reached the decline. National did not place a warning sign at the top of the hill. Montgomery (plaintiff) was driving his car up the hill. He did not realize the trucks were blocking the road until after passing over the hill. At this point, the trucks were only fifty feet away, and due to the icy condition of the road, Montgomery could not stop his car in time. Montgomery hit the trucks and suffered injuries. He brought suit against National seeking $3,000 in damages. The trial court awarded judgment for Montgomery, and National appealed.

Rule of Law

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Issue

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Holding and Reasoning (Baker, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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