Harbert v. Mathis

This suit was brought by Otis Harbert, appellant, against L. H. Mathis, appellee, for damages sustained to Harberts automobile when it was overturned on State Highway No. 283 about three and one-half miles north of Rule, Texas. Appellant, as plaintiff, alleged that appellee was driving his automobile with a two-wheel trailer attached in a northerly direction on such highway at night and that the trailer had no light or lights as required by law; that appellant who was driving his automobile along the highway in the same direction as appellee, attempted to pass him and that appellee thereupon turned his automobile sharply to the left into a road crossing said highway, thereby causing appellant, in an attempt to avoid a collision, to turn his automobile to the left into the borrow ditch where it was overturned and damaged. Appellees answer pleaded, among other defenses, that appellant was guilty of contributory negligence in attempting to pass appellees automobile when within 100 feet of a road intersection. The trial was before the court without a jury and judgment rendered in favor of appellee, L. H. Mathis. Harbert brings this appeal.