Payne v. Yaden

CULLEN, Commissioner.

Dave Payne, driving a farm tractor owned by his brother Walter Payne, undertook to enter upon a state highway from a farm driveway, intending to turn to his left and proceed down the highway. He was struck by the automobile of Myrtle Yaden, which was coming from his left. The two Paynes sued Mrs. Yaden for Dave’s personal injuries and Walter’s property damage. She took a discovery deposition of Dave, in which he stated his version of the accident. On the basis of this deposition Mrs. Yaden moved for a summary judgment, which motion was not ruled on. However, at the trial,…