Jacobson v. Hullinger

DONOVAN, District Judge.

This diversity action arises out of a collision between the motor vehicles operated by plaintiff and defendant as they drove toward each other on a narrow dirt road bordered by brush. Each driver was engaged in a Samaritan-like search for a missing boy, the son of a neighbor. The day was clear. The road was dry. Plaintiff’s view was unobstructed as far as a curve ahead. He heard no horn sounded by defendant who approached around a curve on said road. Plaintiff was familiar with the road and knew of the curve ahead of him. Plaintiff testified that when he first observed…