McPherson v. Walling

On May 28, 1920, the automobile driven by plaintiff and respondent collided with the stage of the defendant and appellant on a public highway in Tulare County. The respondent charges the appellant with negligence in that connection and asks damages because of injuries to his automobile. The appellant, as a defense and by way of counterclaim, alleged contributory negligence on the part of the respondent. It appears that at the time of the collision smoke of a varying;density, sometimes so thick that witnesses testified an object could not be seen more than ten feet ahead, covered the highway…