Paperry v. Ryback

Opinion by

Mr. Justice Kephart,

Lytle Perry, Bernie Ryback, and another, members of a hunting party, were driving along the Roosevelt Highway in Ryback’s car shortly after noon on November 30, 1927. Ryback, who was driving from fifty to sixty miles an hour in a very hard rain, attempted to go around an “S” curve. The car slid off the road, broke a telephone pole in half, turned over and killed Perry. Deceased’s widow brought this action, for herself and children, against Ryback and recovered a verdict. On judgment in her favor this appeal followed.

Appellant contends that his negligence should…