De Baker v. Austin

The following opinion was filed October 10, 1939:

Fowler, J.

As appears from the foregoing statement of facts the case involves an automobile collision. Austin, the defendant, turned left from a highway into' a tavern parking space ahead of Simon, who' was approaching from the opposite direction, and Simon ran into him. Simon is not a party to the action. The jury found Austin not negligent as to lookout, and that he did not fail to take ordinary care to select a safe opportunity to cross ahead of Simon.

The appellants claim, (1) that on the defendant Austin’s own undisputed testimony he was…