Dolan Ex Rel. Dolan v. Simpson

Appellant’s first assignment of error challenges the court’s judgment nonsuiting him as to defendants McCarley. In his complaint, plaintiff alleges that the driver of the McCarley station wagon was negligent in that he operated it at an excessive rate of speed, without having it under proper control, without keeping a proper lookout, and in that he failed to yield the right of way to the Simpson vehicle, which was first in the intersection. He further alleges that McCarley’s negligence, combined with that of Mrs. Simp son, caused the collision. Plaintiff’s evidence, however, does not sustain…