Buchanan Service, Inc. v. Crew

Herrmann, J.:

This is an action for damages arising from an automobile accident. The complaint alleges that the defendant was negligent (1) in failing to keep his vehicle under proper control; (2) failing to exercise due care and caution; (3) failing to drive upon the right half of the highway; and (4) failing to yield half of the main-traveled portion of the highway. The defendant denies negligence, asserts the contributory negligence of the plaintiff and, in his answer and counterclaim, the defendant alleges that the plaintiff “had the last clear chance to avoid the accident.”

Pursuant to…