Kaestner v. Preferred Accident Insurance

Plaintiff’s version of the accident differed materially from that of Clemons, particularly in respect to the courses steered by Clemons in the last one hundred twenty-five feet before the collision. As an overtaking driver plaintiff was in position to see and to know whereof he spoke and his credibility was for the trial court. The findings of fact embraced plaintiff’s version and are in accord with his evidence and that of the passengers in his car. While contrary to appellant’s version, they are not contrary to the great weight and clear preponderance of the testimony.

Appellant has prepared…