Pettygrove v. Hecht

Plaintiff had a verdict, and defendant appeals from the order denying a new trial.

About noon, September 7, 1922, plaintiff on a bicycle was going south upon the highway leading from Moorhead to Comstock. When within a mile of the latter place, defendant’s automobile overtook him, and, in attempting to pass, ran him down, inflicting injuries which occasioned this suit. The negligence alleged was unskilful control of the car, excessive speed and failure to warn plaintiff of defendant’s approach. The answer admitted that a collision oc*261curred, but denied that it was due to defendant’s negligence,…