Conner v. Mertz

McAllister, j.

On August 1, 1972, on a county road near Scio, defendant Gladys L. Campau was driving her automobile in the direction of certain fields owned by defendant Robert A. Mertz, which he was burning at the time. The wind shifted and the smoke began to blow across the roadway. Campau drove into the smoke cloud and then stopped her vehicle upon the main traveled portion of the road. She did not pull off onto the shoulder nor did she turn on her lights.

The plaintiff Ira Conner was a passenger in an automobile owned and driven by his son, Donald Conner. This vehicle was closely following…