Brown v. Jennings-Lawrence Co.

OPINION

By MILLER, J.

This is a personal injury case in which the “assured clear distance ahead” rule is involved. The record reveals that the plaintiff was operating his automobile on a two-lane country road in a westerly direction at a speed of approximately 45 miles per hour; that about 1000 feet ahead of him he saw the defendant’s truck parked in his lane of traffic headed in an easterly direction, one-half of which was on the improved portion of the road and the other half on the berm; that when he was 50 to 100 feet east of the truck, in order to miss the same he swerved his car to the…