George B. Zaikaner v. Harry W. Small

The action here involved grows out of an automobile accident which occurred about 10 oclock in the morning on Friday, April 27, 1956, on Highway No. 65 immediately to the south of the city limits of Cambridge, Minnesota. It appears that at the point where the accident occurred Highway No. 65 extends in a general northerly and southerly direction. The roadbed constitutes a straight two-lane highway, 22 feet in width and of concrete surface. The highway was dry at the time of the accident. The plaintiff, George B. Zaikaner, was driving a Chrysler in a northerly direction, accompanied by a guest passenger, Peter Mankowski, who was seated to his right in the front of his car. The defendant, Harry W. Small, was driving his 1950 Buick, with two dogs in the back seat and one in the front seat, in a southerly direction. The vehicles collided approximately head on and all three men were injured. The record indicates that the speed of both cars, shortly before the collision, was about 50 miles per hour. Plaintiff claims that the injuries which he received were due to the negligence of the defendant in the operation of his automobile and that the defendants automobile crashed into and upon the automobile of the plaintiff. The defendant denied any negligence on his part and filed a cross-complaint for injuries suffered as a result of the alleged negligence of the plaintiff.