Sarah P. Jasmin v. Leroy Parker Et Al‪.‬

The plaintiff sues for personal injuries suffered by her in an automobile accident. At the time of the accident she was riding on the rear seat of a Ford touring car owned and operated by defendant Cox, which car collided with a Ford coupe owned and driven by defendant Parker, in the morning of October 9, 1928. The accident occurred a few miles south of Middlebury at the intersection of the East Middlebury Road and the main highway leading from Middlebury to Rutland, and hereinafter called the Rutland road. The East Middlebury road enters but does not cross the Rutland road. The Rutland road has a hard, tarvia-treated surface. The East Middlebury road has a hard gravel surface after it leaves the travia-treated road. The collision took place on the tarvia-treated surface. The width of the traveled portions of both roads at the intersection is about twenty-five feet. Near the place of collision is a culvert of about twelve feet span in the Rutland road. Starting at the culvert the Rutland road curves sharply for a considerable distance in a southwesterly direction, and the East Middlebury road has a slight southeasterly curve for a short distance and then curves sharply in an easterly direction. The road northerly of the culvert is practically straight and ascends about one-eighth of a mile to the top of a hill. The curve in the Rutland road is not banked and is practically level except for a slight crowning in the center. A guard rail on the easterly end of the culvert extends several feet northerly and southeasterly along the side of the road.