Dickerson v. Mutual Grocery Co.

The opinion of the court was delivered by

Parker, J.

Plaintiff, while driving his own automobile, ran out of gasoline, and, having passed a gasoline station, decided to push the car back to it. So he gave the wheel to his wife, got out of the car amd began to push it. The car had made the turn to the rear, and plaintiff was slowly pushing it toward the source of supply, when a servant of defendant, driving its car, came up behind, failed to> see plaintiff’s car until too late to avoid it, made an unsuccessful effort to swerve out to the left, and caught plaintiff between the front of the…