Pepper v. Walsworth

This is an action to recover damages resulting from a collision between plaintiff’s automobile and that of defendant.

There was judgment dismissing plaintiff’s suit as of non-suit and he has appealed.

OPINIÓN

Plaintiff was driving his Ford car on a public highway at night. Finding that his car was not operating properly he ran it over to the right-hand side of the road as far as he could and stopped to fix it. After working on it for more than half .an hour he succeeded in adjusting it so that it would run. Whereupon he and a *611companion named Smith got into the car and started on their way. About…