driving behind the truck, estimated his speed at 40-45 miles per hour and testified he came over the hill and saw the truck with two vehicles between him and the truck and lights approaching from the east. He believed he was gaining on the truck. He could distinguish the two headlights of the car approaching, *119 but did not see them swerve. He saw a flash of light off to the right, then the rear lights on the truck swerve to the southeast and then back toward him to the west.
Gene Rees, a witness for the defendants, was behind the truck driving about 35 miles per hour. He did not see the collision.
Mrs. McMann, riding with Mrs. Phillips, estimated the speed of the Phillips car at 30-35 milesper hour. She did not see the truck until they came upon it cross-wise in the road. She said no one passed them from Loraine Junction to the scene of the wreck. She said McCombs came up to their car and told them the Boyles car had skidded in front of him and he had no time to avoid the collision.
In considering this evidence certain facts seem to be unquestioned. The place of the collision was a state highway with a concrete slab 18 feet in width, and at that point the highway was level and ran east and west. It was twilight, dusky and snowing and the highways were covered with snow and ice. Driving on the highway was hazardous and people using the highway were driving