Ivie
Ivie v. Enterprise Poultry Farm
Opinion
lead Opinion
Nourse, J.
Plaintiff sued for damages for injuries to his automobile resulting from a collision with a truck driven by an agent of the defendant. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of $904.52. From this judgment the defendant has appealed upon typewritten transcripts.
The two cars came into collision while rounding a curve on a public highway, the view of which was obstructed to some extent by willows which stood about six feet from plaintiff’s right-hand side of the highway, which was paved to a width of eighteen feet. Plaintiff, driving a sedan, endeavored to take the curve at a speed of about fifteen miles per hour. The truck was being driven at a rate of about twelve miles, but was running on the left, or “wrong” side of the highway. As the cars collided the two right-hand wheels of plaintiff’s ear were entirely off the pavement and were running in the dirt portion of the road to the right of this eighteen-foot pavement, while the defendant’s truck was running diagonally across the paved portion of the highway, the rear end of the truck being about two and one-half feet from the westerly or outer left edge…