Borntrager v. McCann

REDDING, J. (Pro Tempore).

This is an action to recover damages for personal injuries resulting from a rear-end collision in which a dump truck, owned by defendant Barry Construction Company and operated by defendant Clinton McCann, collided with the rear of a Volkswagen automobile being operated by the plaintiff. At the time of the collision, plaintiff, preparatory to making a lawful left turn, was stopped on the highway awaiting the passage of a string of oncoming vehicles. Defendants appeal from a judgment for plaintiff.

The trial proceeded before a jury. Upon completion of plaintiff’s case…