Medlock v. Merrick

The plaintiff (appellant) was clearly free from fault when the defendant (appellee) drove off of the edge of this well graded, easily traveled county dirt road, came back onto the road and without admitted effort to stop, collided with plaintiff’s stopped vehicle which occupied its proper lane on the edge of the roadway. Comparative negligence was not an issue and the collision resulted not from an act of God, but rather from the driving of the out-of-control defendant. This accident was man caused.

After review of this extended record, I acquire no justification in trial evidence for the jury…