Boese v. Love

In Boese v. Love (Mo. 1957) 300 S.W.2d 453, a pedestrian was hit by a car in an intersection where views were obstructed by a delivery truck parked in front of a grocery store. The court upheld a verdict against the truck owner for negligence, and adhered to its prior holding in Domitz v. Springfield Bottlers (1949) that it was immaterial whether any ordinance had been violated. (Boese, supra, at p. 458.) The court emphasized that the driver " 'by the exercise of ordinary care could have parked said truck at a place reasonably convenient for making deliveries to the market, and so as not to endanger the safety of plaintiff in crossing the road at the place in question ... .' " (Id. at p. 457) "No evidence established that it was necessary to park the truck in its shown position in order to deliver dairy products at the store. In fact the driver testified he occasionally parked the truck elsewhere while making deliveries at the store." (Id. at p. 458.)