Montgomery v. National Convoy & Trucking Co.
South Carolina Supreme Court
195 S.E. 247 (S.C. 1937)
National Convoy & Trucking Co.'s (defendant) trucks became stalled on an icy highway just below the crest of a hill, hidden from the view of approaching motorists until they crested the hill, without any warning sign posted at the top to alert drivers before they came over. Montgomery (plaintiff), driving up the hill, could not see the trucks until he was already over the crest and only fifty feet away, and the icy road made it impossible for him to stop in time, causing a collision and resulting injuries; he sued National for negligence and won at trial, and National appealed.
Whether a defendant's omission of a legal duty owed to a plaintiff may be the proximate cause of the plaintiff's injuries.