Lemons v. Kelly

• This was an action for injuries suffered by plaintiff in an automobile accident. The accident occurred on a highway near Pendleton. Plaintiff was riding in a ear driven by defendant Kelly. She alleged that immediately prior to the accident Kelly had been racing with a car driven by defendant Bung. The case was submitted to the jury to decide if the defendants were racing at the time of or immediately preceding the accident and, if so, was the racing the cause of the accident and plaintiff’s injuries. The jury returned a verdict for plaintiff. Both defendants appeal.

There can be no doubt…