Epting v. Nees

On April 17, 1928, between 8 and 9 o’clock p. m. Gordon S. Nees, defendant in error, plaintiff in the court below, and hereinafter called plaintiff, was traveling in a coupé going east upon the Bankhead highway. Shortly after dark he passed a truck with trailer attached, traveling west. When about 25 or 50 feet from the approaching truck he saw the dim outline .of a house loaded on the truck. His left arm was resting in the window of the coupé, evidently projecting beyond the window sill. The pavement upon the highway here was 16 feet wide. As he approached the truck, plaintiff testified, he…