Vangemert v. McCalmon

This is a highway collision case; the colliding vehicles were both southbound, and the controversy as to liability centers around whether the plaintiff’s vehicle was a following car, or an overtaking and passing car.

Plaintiff’s version: The testimony of the plaintiff is that he was driving his dump truck south on Highway No. 99; that there were two lanes for southbound traffic; and that he was driving in the outside, or curb, lane traveling at about 40 miles per hour. When he first noticed a 60-foot tractor and trailer combination 1 , it was proceeding slowly in the outside lane some distance…