CLAYTON v. McILRATH

No. 47723.

44 N.W.2d 741 (1950)

CLAYTON v. McILRATH.

Supreme Court of Iowa.

November 14, 1950.


Attorney(s) appearing for the Case

Cross & Hamill, of Newton, for appellant.

Tomasek & Vogel, of Grinnell, for appellee.


GARFIELD, Chief Justice.

On July 3, 1949, in daylight, defendant's 1948 Olds followed by plaintiff's 1937 Lincoln Zephyr was proceeding south on Highway 146, surfaced with "blacktop" 24 feet wide and 5-foot dirt shoulders. Defendant's car in turn was following a 1931 Chevrolet driven by Ebert. Plaintiff turned out to the left to pass defendant's car.

The evidence in the light most favorable to plaintiff is that he sounded his horn, increased his speed of 35...

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