Ott v. Tschantz

There is no dispute as to facts. Defendant was the sole witness to the accident. It appears that between 1 and 1:30 o’clock on the morning of July 5, 1940, defendant was operating his Ford V-8 automobile in a northeasterly direction on State Trunk Highway No. 57, which is paved with a concrete surface twenty feet in width. The surface of the highway is built up four or five feet above the immediate adjacent right of way on both sides of the concrete surface. The right of way between the highway fences is one hundred twenty feet. Defendant was returning home after attending a dance in…