will hereinafter discuss. Furthermore Barringer did not operate the motor vehicle in a reasonably cautious and prudent manner nor was he properly observant of the conditions of the highway then and there existing. Also if the tractor-trailer truck of the Roadway Transit Company had been properly equipped with lights and operated in a cautious, capable manner, said accident would not have occurred. I, therefore, believe that Barringer did not have his car under proper control under the circumstances, and as a result thereof was guilty of negligence which contributed to the accident.
The Court will refer to authorities in Pennsylvania which set forth the principles of law which govern the responsibility of Barringer in the operation of said motor vehicle.
In the case of Morin v. Kreidt, 310 Pa. 90,on his part, it is a reasonable excuse for said person not seeing a parked car which is left on the highway without lights. To hold that it is negligent to drive past an automobile in a situation where headlights are confronting a driver is practically to say that it is negligent to drive along the highway in the night time at all. In the plaintiff not anticipating the defendant's negligent parking of the car and controlling his own car accordingly, the plaintiff cannot be said as a matter of law to have been negligent. In an action for injuries in which it appears that the plaintiff was injured when the automobile he was driving collided with the defendant's truck, which was parked along the side of the