Morton v. Wibright

This is an appeal of right from a judgment of no cause of action rendered by the trial judge sitting without a jury as trier of the facts in an automobile negligence case.

One relevant fact is undisputed. The collision occurred in the lane of traffic legally occupied by plaintiff’s decedent. Defendant’s car crossed the center line and the point of impact was in decedent’s proper lane of travel.

We recite the attendant circumstances. Deerfield Highway, at the point of collision, is a two-lane blacktopped, undivided highway running generally east and west. The night of the collision was cold and…