Ralph Brooks v. William Wootton

Brooks, the plaintiff in this diversity action in the District Court for the Southern District of New York, was injured in an automobile accident in January 1958. Late on a clear and dry night, he was driving north on the eastern lane of a three-lane highway approaching a curve bearing to the left. He observed a car, driven by defendant Wootton, proceeding south around the curve at a speed of 40 miles per hour. The oncoming car began to weave, crossing first into the middle and then into the eastern lane. Thinking Wootton was going off the highway, Brooks turned toward the middle lane, but…