Poole v. Smith

CULPEPPER, Judge.

This is a suit for damages for personal injuries. Michael Lamar Poole, who was a minor at the time of the accident but is now a major, was injured when the motorcycle which he was operating collided with a truck being driven by the defendant, Larry J. Smith. From an adverse judgment, defendants appealed.

The decisive issue is whether Michael was contributorily negligent in the operation of the motorcycle.

Michael was driving the motorcycle in an easterly direction on U. S. Highway 84 at about 5:30 p. m. on March 6, 1968. He passed the truck being driven by Smith in an easterly…