Wirthman v. Isenstein

This is an action wherein plaintiff sought

and recovered a judgment for damages for personal injuries occasioned by being struck by the automobile of defendant Isenstein, which was at the time being operated by defendant Timber. Defendants have appealed, alleging error in the action of the trial court in giving and refusing certain instructions.

The accident which gave rise to this proceeding occurred when defendant Truber suddenly increased the speed of the machine and swerved on to the left-hand side of the street. This he did, it is claimed, to avoid a collision with another machine which…