John Roy Hunt v. John M. Ward Book Reviews

John Roy Hunt v. John M. Ward by Supreme Court of Alabama Book Summary

PER CURIAM. This is an appeal from a judgment for plaintiff in a suit for damage to his truck. The damage resulted from a
collision with a car driven by defendant on the highway between Haleyville and Double Springs in Winston County, Alabama.
Approaching the place of the collision the road extended generally southwesterly and northeasterly for a distance, but at
that point there was a distinct curve to the north, -- the curve being to the left of defendant driving toward Double Springs.
At the curve the south side of the road was elevated on account of it. There was a downgrade in each direction from the crest
of the hill. Plaintiff's truck was following another truck driven by one Wamsley also traveling toward Haleyville. They were
traveling upgrade as was defendant who was approaching from the opposite direction. They were each on his right side of the
road until near the crest when the first truck, which we will designate as the 'pick-up' truck leading plaintiff's truck by
twenty-five or thirty yards, turned to his left into and across the lane in which defendant was approaching from the opposite
direction. Defendant caused his car to slip down to his left and toward plaintiff's truck which was still in its right lane
of traffic, resulting in the collision which damaged plaintiff's truck. There was a solid yellow line on the right side of
the center white line leading toward Haleyville as the trucks were traveling. The 'pick-up' truck had to cross that yellow
line to get into and over the lane in which defendant was traveling. That line was said by some of the witnesses to prevent
passing by one traveling on the same said of the road. Defendant was injured, became unconscious and was carried to a hospital.
Plaintiff's driver was not injured. Plaintiff's evidence tended to show that the 'pick-up' truck was completely off the hard surface on the left hand side of
the road, where the driver had gone to get a person going to Haleyville, and it was not the sole cause of the defendant so
maneuvering his car as to collide with plaintiff's truck.

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