James v. Niebuhr

The plaintiff Elizabeth James (who will be referred to hereafter as the plaintiff) was injured when the automobile she was driving was struck in the rear by a pick-up truck driven by the defendant. The accident happened on State Highway 1-E, an arterial highway, at a point about 2 miles south of Bellevue, on the afternoon of November 3, 1959. Immediately prior to the collision, the plaintiff had stopped her vehicle, as a matter of courtesy, to allow traffic to enter the arterial from an access road. The testimony was that both cars had been traveling at speeds from 40 to 45 miles an hour for…