Smalley v. Simkins

The plaintiff, Mrs. Smalley, her husband, the defendant Frank Smalley, and the appellant, Sim-kins, all lived in Manitowoc and had been friends for a number of years. A few days before, the three arranged to drive to Chicago or its vicinity in Simkins’ automobile, each having plans for spending the holidays. At Simkins’ suggestion it was agreed that each of the men was to drive half of the way.

A short time after defendant Smalley had relieved the defendant Simkins and while turning to avoid a truck, the car, then going about thirty miles per hour, commenced to skid, collided with a telegraph…