What is the test for establishing a prima facie case of negligence against the operators of a logging truck?
California, United States of America
The following excerpt is from Smith v. Wattenburg, 133 Cal.App.2d 193, 283 P.2d 751 (Cal. App. 1955):
We have said that from the fact that the logging truck was found standing in the lane of traffic a prima facie case of negligence against its operators was made out; that is, that [133 Cal.App.2d 197] from these primary facts the trier of fact could infer the ultimate fact of negligence. The following matter quoted from Blank v. Coffin, 20 Cal.2d 457, 460-461, 126 P.2d 868, 870, is pertinent:
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