Jones v. Colvard

The substance of the allegations of counts 1; 2, and 3 of the complaint is that plaintiff and defendant were driving automobiles in the same direction along the highway and that defendant, in the effort to pass from the rear to the front, drove his automobile at a reckless rate of speed, to wit, 35 miles an hour, and so close to plaintiff’s automobile that “it became necessary for plaintiff to veer his automobile to the right to avoid” a collision, doing which, plaintiff ran his automobile into a ditch or cut by the side of the highway; and “plaintiff avers that his injuries were received and…