Jerome C. Powers v. J. B. Michael & Co., Inc.

MAGRUDER, Circuit Judge.

Father Jerome C. Powers, driving his Buick car, had a collision with a truck on a Tennessee highway leading to Memphis. He was west bound and the truck was east bound. They met head-on. It was about dusk and also there was a drizzling rain at the moment of the collision. Both the plaintiff and the truck driver were unconscious after the impact and did not recall how the accident happened, and so there was no direct evidence of the cause of it.

Father Powers testified that he was going at a reasonable speed and that his car was always on the right-hand side of the…