Kinzie v. New Gottland Township

*726The opinion of the court was delivered by

Allen, J.:

On May 17, 1938, four college students riding in a Ford roadster were traveling in a westerly direction on defendant’s road. One John Miller was driving — the plaintiff was riding in the rumble seat.

Miller testified that the sun was going down on the western horizon as they drove down the hill; the sun had a tendency to blind him; there was a shadow across the highway; there was a washout in the road about ten feet wide; the ground might have been damp, but it wasn’t very muddy; he first saw the ditch or washout when ho was about the length…