Topham v. Casey

On July 25, 1951, the defendant Harold Casey was driving his automobile southward at thirty-five to forty miles per hour, in the west lane of the three-lane, north-south Highway 51, which was in good driving condition, with shoulders available for travel. He testified that when he crossed a bridge about six hundred feet north of the place of the collision, he observed plaintiff’s truck following him from about one mile away. Plaintiff testified that defend ant drove in the west lane up to just before the place of collision. Defendant testified that he had swerved into the center lane shortly…