Florke v. Peterson

— While driving east on U. S. Highway 20 plaintiff, driving a Chrysler automobile, started to pass a county gravel truck driven by defendant in the same direction. At about the same time defendant made a left turn at a T-intersection of the highway with a dirt road going north. A collision occurred and plaintiff brought this action for the resulting damage.

Defendant, at the close of plaintiff’s evidence, and again after all the evidence was in, moved for a directed verdict claiming plaintiff was guilty of contributory negligence under section 321.304, Iowa Code, 1950, in attempting to pass…