The question involved in this ease is whether or not an engine of a motor truck which stalls while being operated on the highway creates an “emergency” within the meaning of exception prescribed in Sec. 6310-27 GC., regulating stopping of motor vehicles on public highways ?

Does the jury determine whether only the paved portion of the highway is that part meant by the statute or does the statute include the dirt berm?

Note — Motion to certify overruled, 5 Abs. 171.