Dam

The complaint sets forth, in substance, that on or about the twenty-fourth day of January, 1922, the plaintiff was driving an automobile, to wit, a Dodge Brothers’ commercial car, in a southerly direction along a public highway in the county of Tuba, that while plaintiff was then and there proceeding along by the side of several horse-drawn vehicles traveling in an opposite direction to plaintiff and while plaintiff was keeping on the westerly half of said highway, the defendant’s car, driven by one J. W. Benner as the defendant’s agent, was proceeding in an opposite direction to plaintiff along said highway, and then and there negligently attempted to overtake and pass said horse-drawn vehicles to his left or westerly side thereof, without having a clear and unobstructed passage ahead of said defendant for 100 yards, or for any distance at all; that plaintiff, seeing such attempt on the part of said Benner, then and there turned his machine to the right in order to get out of said defendant’s way; that said Benner then and there was so negligently, carelessly, recklessly, and unlawfully driving and operating the defendant’s automobile, to wit, a Buick car, that it ran into and…