Clayton v. McIlrath

On July 3, 1949, in daylight, defendant’s 1948 Olds followed by plaintiff’s 1937 Lincoln Zephyr was proceeding south on highway 146, surfaced with “blacktop” 24 feet wide and 5-foot dirt shoulders. Defendant’s car in turn was following a 1931 Chevrolet driven by Ebert. Plaintiff turned out to1 the left to pass defendant’s car.

The evidence in the light most favorable to plaintiff is that he sounded his horn, increased his speed of 35 to 40 miles per hour to 40 to 50 miles per hour and started to pass defendant on the left. When the front of plaintiff’s automobile was about even with…