Mercer Funeral Home v. Addison Bros. & Smith

Hatcher, President:

Plaintiff seeks in this action to recover for damages to its sedan automobile occasioned by a collision with defendant’s truck on the public road in November, 1930. Verdict and judgment for defendant were entered in the lower court, and plaintiff asks a reversal here.

The collision occurred just as the truck was coming out of a 6° curve to its right on an upgrade of 5.5%, and the sedan was about to enter the curve (to its left). The hard surface at that point was 13 feet in width, with berms on either side 3 feet wide. The truck was 21 feet and 6 inches long, and with its…