Popejoy v. Martin

The suit was for damages for the death of plaintiff’s husband and injuries to her self, sustained in a highway collision between defendants’ truck and plaintiff’s automobile.

The claim was that the defendants were, in the several particulars pleaded, guilty of negligence which proximately caused the collision and resulting damages. The defenses were, a denial that defendants were negligent, contributory negligence on the part of plaintiff’s decedent, the driver of the car, in suddenly crossing over onto defendants’ side of the highway, and unavoidable accident.

Upon the issues thus joined and…