Hephner v. Wolf

On the trial there was evidence to the following effect. As Wolf was driving north on Highway 57 at 1:45 a. m. on March 19, 1948, he noticed that one front tire was flat. The traveled part of the highway consisted of an eighteen-feet-wide strip of concrete with a two-feet-wide strip of black-top on each side. Wolf drove as far as possible onto the east shoulder and stopped, leaving about four feet of his car on the east paved portion of the highway. It had been raining and the shoulders were a morass of mud, and there was a misting rain falling and visibility was somewhat impaired. When Wolf…