Phillips v. Haring

On the question of plaintiff’s • negligence, these facts from his own testimony are significant: When he came over the hill at a distance of eighteen hundred feet from the intersection, he saw defendant’s truck half way down, or about nine hundred feet ahead of him. Plaintiff’s speed was then forty-five to fifty miles per hour. When the truck was four hundred to five hundred feet from the intersection, the vehicles were about two hundred feet apart. He knew that he was steadily gaining on the truck, as was obvious, since he covered about eleven hundred to twelve hundred feet while the truck…