Barkman v. Montague

The afternoon of June 25, 1937, plaintiff was riding in an automobile in an easterly direction over a two-lane paved highway when two cars passed and, he claims, suddenly stopped at or near the intersection of a crossroad and, to prevent collision, the driver of the car in which he was riding swerved to the right and, to avoid striking a tree, turned to the left, crossed the westward traffic lane and the car came to a stop off the pavement, partly off the berm at the north side of the pavement and in a shallow ditch. While in that position he claims defendant Montague, in driving his car…