Struppler v. Rexford

Opinion by

Mr. Justice Linn,

Plaintiff appeals from judgment on a verdict for defendant in his suit to recover for injuries sustained in an automobile collision. Between 1: 00 and 1:30 o’clock A. M., June 3, 1932, he drove a Franklin sedan down grade in a northerly direction on the Lackawanna Trail. The paved portion of the road was 18 feet wide; on each side was a berm about 5 feet wide. As he came over the top of the hill, he saw at the bottom about 900 feet away, two sets of headlights apparently showing one car passing another, both approaching him. He passed the first, which had returned…