Forte v. Goodwin

GOODWIN’S APPEAL

Defendant Goodwin assigns as error the court’s refusal to allow his motion to nonsuit. He argues all of the credible evidence shows he was at all times on his right side of the highway and the sole cause of the collision was the negligence of plaintiff’s husband who was operating the Chevrolet entirely to the south of the center of the highway.

All of the evidence tends to show the collision occurred near the center of the highway. Almira Forte, an occupant of the Chevrolet, testified she saw the Ford as it approached, “It was in the middle of the road.” Henrietta McNair,…