Jahnke v. Smith and Another

This cause of action arose out of an automobile accident that occurred in the early morning hours of February 23, 1969, between automobiles driven by the plaintiff, Roger L. Jahnke, and the defendant, Robert L. Smith. The facts reveal that plaintiff Jahnke had been at a party at the Swan Club located on the south side of Highway G in Brown county. He admitted to drinking a substantial quantity of alcoholic beverages during the course of the evening. As he left the Swan Club, at approximately 1 a. m., he stopped his car on the driveway just short of the approach to the highway, looked to his left, and saw the headlights of a car approaching from the west. He looked again and saw the headlights were considerably closer. Nevertheless, he decided it would be safe to pull out, looked to the right as he was turning, and pulled onto the highway. He had just completed his turn and was accelerating into third gear when his car was struck from the rear by the automobile driven by the defendant Smith. Smith, who was driving east on Highway G, was returning home from his work at a gas station which he owned and operated. He stopped at a tavern on the way and consumed, he said, a small amount of beer. He said the road was slippery but the visibility was good. It was Smith's testimony that, when he was at a distance of two to three car lengths from the driveway from which the plaintiff was emerging, he saw plaintiff's car, still in the driveway, barely moving. He testified that plaintiff pulled out on the highway directly in front of him. The defendant braked his car and attempted to turn to the left, but his car skidded out of control and collided with the car driven by the plaintiff about a car's length distance beyond the driveway.