Hawley v. Mellem

(dissenting) — Lyle Hawley, while riding as a guest passenger in Russell Hawley’s automobile, was fatally injured in an intersection collision giving rise to this litigation. Chester Mellem was the driver of the other vehicle involved in the accident. Both vehicles entered the controlled intersection without stopping and collided midway therein. Neither driver observed the other until an instant before impact.

The administratrix of Lyle Hawley’s estate, asserting negligence on the part of Chester Mellem, initiated this action on behalf of the estate. In this action, Chester Mellem denied any…