Devine v. Bischel

Shortly after 6 p. m., on December 30, 1931, plaintiff was injured as the result of a collision between his Ford automobile and an automobile operated by the defendant Bischel. The collision occurred on a straight, graveled highway, the traveled portion of which was sixteen feet wide, bordered by shoulders five feet wide. Plaintiff relied on proof that as he was driving westward up a hill fifteen hundred feet long, his automobile became stalled when it was one thousand feet from the top of the hill, and one foot from the north shoulder of the road; that he believed his gasoline supply was too…