Clarence O. Higgins v. Allen Eugene Thompson and McLean Trucking Company

ALBERT V. BRYAN, Circuit Judge:

In this automobile collision case the District Court directed a verdict, and entered judgment, for the defendant. The basis of the ruling was that the plaintiff, Clarence O. Higgins, was guilty of contributory negligence when he turned his car out of a standing line of automobiles, in the right-hand lane of the highway, just as a tractor-trailer driven by the defendant Allen Eugene Thompson, owned by the defendant McLean Trucking Company, was about to pass from behind. On the plaintiff’s appeal we reverse; we think the evidence tendered a jury question on…