Sanford V. Nesbit

On October 13, 1942, about 3 p.m. defendants' beer truck and plaintiff's coal truck collided. Both were traveling west on paved primary highway 60 east of Carlisle. Defendants' truck was ahead of plaintiff as they crossed a bridge over the Middle River. Plaintiff testified that toward the west end of the bridge he pulled out to the left; seeing that the road was clear, he sounded his horn as a signal he intended to pass; defendants' truck then pulled farther to the right; plaintiff pulled alongside the beer truck on its left or south as the vehicles left the bridge; plaintiff drove his left wheels off the pavement onto the south shoulder to leave plenty of room in passing; at a point 125 feet west of the bridge, while plaintiff was still in the act of passing, the beer truck traveled to the south of the center of the highway and struck plaintiff's truck, sending it through the guardrail and down an embankment of twenty-five feet.