Shuffelberger v. Hopkins

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages alleged to have been sustained when an automobile plaintiff was driving collided with one being driven by defendant. The defendant filed his answer and cross petition. Plaintiff’s motion to strike allegations from these was sustained in part. Defendant has appealed.

The petition was in two causes of action. The first alleged plaintiff was driving south on a highway surfaced with macadam and 26 feet wide, smooth and level, at a speed of 25 miles an hour, in a lawful manner on the right-hand side of the…