White v. Breedon

STANFORD, Chief Justice.

On March 13, 1945, this court decided the case of Breedon v. White, 62 Ariz. 256, 156 P.2d 904, a suit brought in the superior court to determine the matter relating to the instant case. The case was dismissed by the trial court, but sent back by this court requiring the order of dismissal to be set aside and the case reinstated.

This case comes to us from the superior court on appeal by appellant, hereinafter called defendant, from a judgment in favor of appellee, hereinafter called plaintiff.

On April 17, 1943, at about the hour of 11 p. m., plaintiff was driving his…