Chandler v. Buss

Deen, Judge.

1. The plaintiff Buss was a passenger in an automobile operated by Cooper, the defendant Chandler’s intestate. Cooper attempted to pass a station wagon and was killed, and Buss injured, by a collision with an oncoming vehicle driven by the defendant Smith. Chandler, moving for summary judgment, contended that Cooper had ample room to pass a station wagon ahead of him but that when he got on the left side of the highway both the station wagon and a car behind it speeded up, Smith’s vehicle did not slow or turn, and Cooper was caught between the three vehicles. Smith testified on…