Bayer v. Shupe Bros. Co.

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the plaintiff from a judgment in a jury trial entered in favor of the defendant in an automobile personal injury action.

On April 5, 1972, plaintiff, Karl Leon Bayer, a 19-year-old youth, was driving his 1964 Ford Falcon automobile in a westerly direction on U.S. Highway 50 west of Garden City, enroute to his employment in Holcomb. Plaintiff testified he was driving in a careful and prudent manner within the then existing speed limit of 60 miles per hour. He observed a 30 foot “bobtail” truck belonging to the defendant,…