Collins v. Phillips

Felton, Chief Judge.

There are two predominant hypotheses in this case on the two- vital questions, whether the defendants were negligent and whether if they were the negligence was the proximate cause of the death. One is that P. A. Phillips drove his truck about twenty inches on the wrong side of the highway and slowed the speed of the truck to such an extent as to cause the deceased to run into the rear of the leading vehicle. The second is that the deceased attempted to pass the leading vehicle while there was oncoming traffic in the opposite lane of traffic and did not have time to pass…