Lawrence Martell v. John Klingman Et Al‪.‬

On August 16, 1958, a collision occurred between an automobile driven by John Klingman and one driven by Delima Mondor. It
took place at night on a straight and level concrete highway west of New Richmond. Mr. Klingman was heading east, and Mrs.
Mondor west. Just before the collision, Klingman turned sharply to the left in front of Mrs. Mondor. The fronts of the two
cars came together, evidently at an angle. After the collision, the debris, marks, and the cars themselves were found north
of the center line of the highway, except that the right rear wheel of the Mondor car which came to rest heading northeast
was about on the center line. There was evidence that Klingman had consumed intoxicating liquor a few hours before, and that
his blood contained 0.219 per cent of alcohol by weight. A police officer testified that Klingman told the officer he fell
asleep, and when he awoke there were headlights in front of him, and he swerved to the left. Mrs. Angeline Martell, a passenger in the Mondor car, was killed. Two actions were brought, and were tried together. In one
action, brought November 3, 1958, Lawrence Martell, Angeline's husband, was plaintiff. Mr. Klingman, National Indemnity Company,
Mrs. Mondor and her insurer, National Farmers Union Property and Casualty Company, were defendants. Recovery was sought for
Angeline's death.