Spear v. Penna

I. The collision was one in which each party expected the other to take different action. Penna thought Spear would not cross the road in front of him, while Spear thought that he might thus cross it safely. Correct anticipation by either would have avoided the accident. If either, but not both, had remained on the easterly side of the road or if Spear had not driven on the main roadway, there would have been clearance. Likewise, if only one had driven on the westerly side of the roadway, the collision would not have occurred.

The issues of care in anticipation and conduct were properly…