Bateman v. Crum

The opinion of the court was delivered by This was an action for damages arising out of an automobile
accident. From a judgment in favor of defendant, plaintiff
appeals. The petition alleged that plaintiff (appellant), David D.
Bateman, was driving his automobile west on U.S. Highway No. 24,
approximately one mile west of Manhattan, at about 3:00 p.m., and
Louise Pence [not a party to this action] was driving her car
east on the same highway; that she started to pass the car of
defendant (appellee), Charles Edwin Crum, which was parked
parallel to and on the south side of the highway in front of his
home, headed in an easterly direction, when defendant, in a
negligent and careless manner, drove out onto highway No. 24,
causing Mrs. Pence to swerve to the left side thereof, where her
auto collided with plaintiff's automobile. The petition further
alleged that plaintiff received permanent and progressive
injuries and damages which were the direct and proximate result
of the negligent acts of defendant in driving toward the highway
so as to cause Mrs. Pence to reasonably believe there was
immediate danger of a collision, in failing to give any proper
signal or warning to any approaching vehicles that he was about
to enter onto the highway, and in driving onto the highway when
Mrs. Pence's auto was in such close proximity as to cause
immediate danger of collision which was the cause of her driving
her auto to the left lane of traffic, where she struck
plaintiff's automobile.