Schwartz v. Jaffe

Opinion by

Me. Chief Justice Kephaet,

Jaffe, driving over a new highway in process of construction to Butler City, approached its intersection with the old road. At this point, traveling from 40 to 45 miles an hour, he turned from the new road onto the old and had proceeded about 75 feet when the car encountered a depression in the roadbed. It veered sharply to the right and the impact caused Jaffe to lose control and, to avoid a collision with a telephone pole he turned the car so rapidly that it overturned. Plaintiff, a passenger in the car, sustained severe injuries to the face which…