McNair v. Berger

Plaintiff sustained injuries on July 29, 1928, as the result of a Buick automobile, in which he was riding, being driven by the defendant into another automobile used as a wrecker, standing on the main highway between Butte and Anaconda, lie brought this action to recover damages. The jury awarded him !$30,000, for which judgment was entered. Defendant’s motion for new trial was denied and he appealed from the judgment.

The complaint charges negligence on the part of defendant in driving at an excessive rate of speed, in failing to have the automobile under control, and in running it into and…