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Beschreibung des Verlags

Dorothy Marshall brought this action for damages for personal injuries against James Edward Bobbitt and the Administrator
of the Estate of John S. Marshall, Deceased, arising out of a collision between a pickup truck in which she was riding as
a passenger, driven by her husband John, and a Dodge automobile driven by Bobbitt. The cause was submitted against defendant
Bobbitt under an instruction directing a verdict for plaintiff upon belief that Bobbitt either failed to keep a careful lookout
or drove at an excessive speed; that Bobbitt's conduct in any one or more of these respects was negligent and that such negligence
caused the collision. The jury found for plaintiff and against both defendants in the sum of $25,000. Both defendants filed
motions for new trial. The court sustained Bobbitt's motion for error in submitting the case on excessive speed and ordered
a new trial as to Bobbitt on the issue of liability only. The court overruled the administrator's motion and ordered that
the judgment against the administrator be held in abeyance pending a new trial of plaintiff's case against Bobbitt. Both plaintiff
and administrator appealed. From the evidence favorable to the prevailing party the jury could have found the following facts: The collision occurred
in the afternoon of July 11, 1967 on Highway 49 in Crawford County. It was a clear, warm day. The asphalt highway, 23 feet
in width with a 5-foot shoulder on each side, ran north and south at point of collision (hereafter "PC") and was straight
for several hundred feet south. Bobbitt was northbound; Marshall southbound. The scene of the accident is visible from a point
800 feet to the south, but proceeding north the highway descends into a valley and a northbound motorist cannot see it again
until, ascending from the valley, he reaches a point 375 feet to the south, at which position the scene of the accident again
comes into view. At a point roughly 200 feet south of PC a northbound motorist reaches a plateau and the highway is generally
level for 200 feet to PC. PC was 10 feet south of an unused side road that formerly led to a now abandoned farmhouse. Debris
at PC was found in the highway centered around the center line. The side road intersects the highway at right angles and
runs east from the highway. There was a tree along the side road but a vehicle moving westwardly thereon toward the highway
could be seen by a motorist northbound on the highway.

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