German, Adr. v. Riddell

Opinion by

Baldrige, J.,

The defendant in this action of trespass was driving his car in a westerly direction on Route 6 in. .Sheffield Township, Warren County, shortly after 1 o’clock in the early morning of January 25, 1940. The concrete portion of the highway he was traveling is 18 feet wide with a dirt berm 5 to 6 feet in width on each side. Ten to twelve’feet in the center of the. road was clear but toward the outside edges there was snow, which gradually increased in depth, but was packed smooth and hard from the travel.

Riding with the defendant on the front seat on his right side was…