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  • Montgomery v. National Convoy Trucking Co.Montgomery v. National Convoy Trucking Co.
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Montgomery v. National Convoy Trucking Co.

South Carolina Supreme Court
195 S.E. 247 (1938)

Montgomery v. National Convoy Trucking Co.


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. At the top of the hill, Montgomery (plaintiff) was being chauffeured by Ed Smith. Smith 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, Smith could not stop the car in time. Smith hit the trucks, and Montgomery suffered injuries. Montgomery brought suit against National seeking $3,000 in damages. The trial court awarded judgment for Montgomery, and National appealed.

Rule of Law


Holding and Reasoning (Baker, J.)

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