PARKER, Judge.
This case should have been submitted to the jury. From plaintiff's evidence the jury could legitimately have found that defendant, while driving on a clear night upon a 21-foot wide dry paved highway which was free from defects, and without any interference from other traffic, drove his car off of the pavement into the rear of the car occupied by plaintiff's intestate while that car was parked on the dirt shoulder of the road entirely off of the pavement...
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