Davidson v. Vast

A rehearing having been granted, the opinion filed on December 15, 1942, reported in 6 N. W. 2d 840, is withdrawn and the following substituted therefor:

On the morning of August 1, 1941, decedent was driving a Chevrolet pickup truck south on a graveled highway which slopes gently to the south. Defendant was driving a Studebaker sedan west on an intersecting dirt highway. There is quite a steep hill about forty rods east of the intersection; then the dirt road levels off and continues west on a slight upgrade. Just west of the intersection there is a sharp elevation to the west: There were no…