Allen v. Dr. Pepper Bottling Co.

On this record evidence of negligence on the part of defendant must be conceded. Oh. 401, Public Laws 1937, sections 97 and 123. The nonsuit must be sustained, if at all, upon the contributory negligence of plaintiff’s intestate.

As the deceased approached from the rear, rounding the curve, the beam of his lights was thrown to the left of the highway so that his vision along the pavement was restricted. He was going 50 miles per hour. He met another car on the curve and slowed to about 45 miles per hour. As he entered the straight-away he was still 200 to 300 yards from the parked truck.…