Roeske v. Schmitt

Appellant contends that the evidence fails to support the finding that Tyrer was passing at the intersection, and that in any event if he was negligent in that respect such negligence was not causal. As appears from our statement of the facts, we are satisfied that there is support for the finding of negligence. We agree with appellant, however, that it was not a cause of the collision. By passing the Herheim car he placed his car in his left lane, at most 11 of 12 feet nearer the approaching Schmitt car. Considering the speed at which Schmitt was traveling, Tyrer’s car would have been struck…