Elliott v. State

This is an appeal of a wrongful death action from a judgment on the evidence granted on defendantappellee’s (State) motion at the close of plaintiff-appellant’s (Elliott) case.

The undisputed facts are that on November 24, 1971, a hazy day, decedent (Hufnagel) was driving north in Spencer County on State Highway 161, a two lane road approximately 22% feet wide. Hufnagel was following a truck. As Hufnagel was attempting to pass on the left, the truck was commencing a left turn onto an unmarked county road. The vehicles collided, and Hufnagel’s auto caromed into a bridge abutment just beyond the…