Saunders v. Warren

Uncontroverted evidence tends to show: At the scene of collision, the highway is a tar and gravel road, “approximately 20 feet wide, with approximately 3 to 4 feet of shoulder on the right side headed east, and on the other side the shoulders are approximately the same width.” To the right of the shoulder, “on the right side headed east,” there is a ditch.

Plaintiff’s testimony, when considered in the light most favorable to him, tends to show the facts narrated below.

Plaintiff was driving a 2%-ton flat-bed (Ford) dual-wheel truck. His speed was 35-40 miles per hour. Plaintiff testified: “It…