Petersen v. Parry

SMITH, Chief Justice,

with whom McFADDEN, Justice, concurs (dissenting) :

The accident out of which this action arose occurred during daylight and clear weather, on a straight, dry, level, two-lane paved highway, the paved portion of which was 38 feet wide,- — amply sufficient to permit the simultaneous passage of two automobiles, with no sight impediments at or near the scene of the accident.

The Owen G. Johnson automobile proceeding northerly, left no skid marks. The Brent T. Johnson vehicle proceeding southerly left skid marks extending the last 26 feet to the place of impact of the vehicles.…