Vittum v. Drury

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action in trespass for the recovery of damages for injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. A verdict was returned and judgment rendered thereon in favor of the defendant. The first count of the declaration charges, in substance, that while the plaintiff was driving along a public highway in a buggy, the defendant approached from an opposite direction driving a team attached to a lumber wagon, at the rate of twenty milés an hour; that in passing or attempting…