Dreher v. . Divine

On 19 May, 1923, defendant’s truck, loaded witb furniture and operated by an employee, was moving along tbe public highway from "Wilmington to Wrightsville Sound, when plaintiff’s automobile, operated by a Mr. Marsh, was wrecked as it ran into tbe ditch alongside tbe road when tbe driver undertook to .pass tbe truck on tbe left, approaching it from tbe rear. Tbe automobile did not strike tbe truck, nor tbe truck tbe automobile. It is alleged that by reason of tbe failure of tbe driver of tbe truck properly to yield tbe road, tbe driver of tbe automobile was forced to run into tbe ditch in…