TERRY, Judge.
This case was heard by me without a jury. The factual circumstances surrounding the accident are not in substantial dispute; rather, it is the contentions based upon the circumstances that give rise to the questions to be determined.
The plaintiff testified in substance that on August 11, 1949 he was operating his 1949 Plymouth automobile in a northerly direction on Clark Street; that Clark Street is paved, has surfaced shoulders on the east...
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