Wilson v. Whitcher

OPINION

BREWSTER, Justice.

This was a suit for damages arising out of a rear-end automobile collision. In the trial court the plaintiff, Alice Faye Wilson, was denied a recovery on her action, and the defendant, Carolyn Whitcher, was awarded a judgment for $700.00 in damages against the plaintiff on her cross-action. The plaintiff has appealed.

The facts were that the plaintiff had been having car trouble and drove into a filling station where the attendants worked on the choke to her car. Believing it to be fixed, plaintiff then drove her car out of the private driveway of the filling station…