Hatch v. Smail

On February 22, 1938, the plaintiff was riding in a car driven by the defendant, George Smail. Mr. Phillips, who died before the trial, was riding on the right-hand side of the driver. The plaintiff Hatch was riding at the left in the rear seat and on his right was his employer, C. R. Stocks. In attempting to make a curve to the left, of less than forty-five degrees, at a speed of approximately forty miles an hour, the driver lost control of the car which turned around completely once, headed back off the shoulder and tipped over. The plaintiff does not recall exactly how he got out of the…