Gerebenics v. Gaillard

MOREMEN, Judge.

Appellant, Joseph Gerebenics, received a severe injury to his left elbow when a car driven by him and a car driven by ap-pellee, Peter J. Gaillard, side-swiped. The cars were proceeding in opposite directions and the testimony of the parties differed as to their position on the road when a contact was made at or near the crest of a hill.

Appellant testified:

“Q. Was there anything unusual about the way it was traveling, if so, what was it? A. Yes, sir, it appeared to be flying over the hill and his left front wheels seemed to be on my side of the road.

“Q. At that point tell the…