Parker v. Womack

Loretta May Parker is suing for damages assertedly caused by the negligent operation of an automobile driven by Carl Womack. At the request of Womack, the jury was instructed that no recovery could be had if the accident were an unavoidable one. After the entry of judgment for Womack, a new trial was granted upon the ground that the instruction was prejudicially erroneous. The only question presented upon the appeal from that order concerns the propriety of the instruction.

Mrs. Parker alleged that she was driving her automobile in a northerly direction along Earl Avenue when it collided with…