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SCHIMKE v. EARLEY

No. 37309.

173 Ohio St. 521 (1962)

SCHIMKE, ADMX., APPELLANT, v. EARLEY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 11, 1962.

Attorney(s) appearing for the Case

Mr. Charles E. Smart and Mr. Winford V. Weiford, for appellant.

Messrs. Carson, Vogelgesang & Sheehan, Mr. Gary Banas, Messrs. McAfee, Hanning, Newcomer & Hazlett and Mr. William K. Tell, Jr., for appellees.

WEYGANDT, C. J.

As already noted, the collision involved three vehicles—a passenger automobile and two trucks.

The passenger automobile was being driven in a westerly direction on the highway. Both trucks were going east. Shupe was driving the truck owned by the Standard Oil Company. The truck driven by Earley was owned by the Kopp Clay Company, and it was proceeding behind the other truck. Earley decided to pass to the left of the Standard Oil Company...

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