Schwandt v. Bates

*133SMITH, Justice.

Plaintiff (appellant) seeks to recover damages for personal injuries and destruction of his pickup truck resulting from a collision of his motor vehicle with the pickup truck of defendant (respondent).

The accident occurred May 27, 1961, at about 1:30 o’clock a. m., at the intersection of Fifth Street which extends north and south and Warner Avenue which extends east and west, in Lewiston Orchards, Idaho. Other than the parties there were no eye witnesses at the scene of the accident.

Plaintiff in his complaint alleges that defendant’s negligence proximately caused the collision…