Leary v. Oates

DUNKLIN, Chief Justice.

While J. H. Oates was driving his automobile on the public highway he saw an approaching car, driven by W. A. Leary, coming in the opposite direction at a speed of at least fifty miles an hour, traveling in the middle of the highway, and, in order to avoid possible danger of a collision with it, Oates pulled his car to his right, practically off the pavement apd some 4 or 5 feet Onto the dirt -shoulder of the road. When the other car was about 40 or 50 feet distant from him, Oates saw that the eyes of the driver of the other car were closed, apparently in sleep, his…