Radcliffe v. Kostanden

OriNION

By BAYNES. J.

At the pre-trial conference of this case the remaining defendant moved for judgment upon the state of the pleadings of the case.

Plaintiff stated her cause of action in the petition as follows: She was a passenger in an automobile being driven easterly on Route 40 on that section of highway (a four lane divided highway). The defendant Kostanden was operating his automobile in a westerly direction on his section of the highway.

Kostanden attempted to and did pass a tractor-trailer truck being operated on his westbound section of the highway at a speed of 70 m. p. h. striking…