ROBERTSON, Chief Judge.
This is an appeal of a wrongful death action from a judgment on the evidence granted on defendant-appellee's (State) motion at the close of plaintiff-appellant's (Elliott) case.
The undisputed facts are that on November 24, 1971, a hazy day, decedent (Hufnagel) was driving north in Spencer County on State Highway 161, a two lane road approximately 22 1/2 feet wide. Hufnagel was following a truck. As Hufnagel was attempting to pass on...
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