McINTOSH v. SMITH

No. 41408.

445 P.2d 790 (1968)

A.M. McINTOSH, Plaintiff in Error, v. Larry SMITH, Defendant in Error.

Supreme Court of Oklahoma.

September 24, 1968.


Attorney(s) appearing for the Case

Farmer, Woolsey, Flippo & Bailey, J.C. Farmer, Robert J. Woolsey, Otho Flippo, J.B. Bailey, Lawrence A. Johnson, Richard L. Harris, Richard E. Wright, III, Tulsa, for plaintiff in error.

Alfred B. Knight, Tulsa, for defendant in error.


HODGES, Justice.

In the trial court, plaintiff McIntosh, sued defendant Smith, for damages resulting from a "rear end" automobile accident. Verdict and judgment were for defendant and plaintiff appeals.

Plaintiff was driving his truck south on Harvard Avenue in Tulsa during "rush hour" traffic. Defendant, also driving south, was directly behind plaintiff. Both vehicles were in the inside or left-hand lane (there were two lanes for south-bound traffic). As...

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