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BRATTON v. SLININGER

No. 10419.

460 P.2d 383 (1969)

93 Idaho 248

James C. BRATTON, Plaintiff-Respondent, v. Clifford J. SLININGER and Evergreen Express, Inc., Defendants-Appellants.

Supreme Court of Idaho.

October 24, 1969.

Attorney(s) appearing for the Case

H.J. Hull & Sons, Wallace, for appellants.

Brown, Peacock & Keane, Kellogg, for respondent.

DONALDSON, Justice.

On May 10, 1965, respondent's (plaintiff's) car and appellants' (defendants') truck collided on U.S. Highway 10 about 1 1/2 miles east of the Rose Lake turnoff. The accident occurred at approximately 5 A.M., just at the break of dawn. The roadway was dry and each driver saw the other approaching. U.S. 10 is a two lane asphalt roadway, 22 feet in width.

Although appellant testified that the accident occurred in his lane of traffic,

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