Gooschin v. Ladd

(dissenting) — I dissent.

The accident occurred January 18, 1932. The complaint, served by respondent on appellant February 1, 1932, alleged that respondent’s automobile was disabled, “stuck in the ditch,” and was partially on and partially off of the paved portion of the highway. There was evidence that, at that time, the shoulder of the road at the point of the occurrence of the accident was about two and one-half feet wide; that is, the complaint was not inconsistent with the situation which witnesses testified existed at that time. In the spring of 1932, the shoulder was widened to such an…