Cutrer v. Travelers Indemnity Co.

ELLIS, Judge.

Plaintiff has appealed from a judgment dismissing his suit which he filed for damages for personal injuries as a result of an automobile collision on October 8, 1961 with a car being driven by the defendant, Howard D. Nixon.

While the facts are somewhat in dispute, we believe the record clearly establishes the negligence of the defendant Nixon as the proximate cause of the automobile collision which occurred at approximately 6:45 on October 8, 1961, at which time it was dark, when the defendant’s car came over the center line of the blacktopped road and sideswiped the plaintiff’s…