This section contains the nature of the case and procedural background.

P was operating an automobile with his wife as a passenger. P started to pass a truck traveling in the same direction on the right-hand side of the road and operated by D's agent. He blew his horn before proceeding to pass, but when the front of his car was to the left of and about ten feet ahead of the rear of the truck the truck suddenly swerved to the left, blocking him off and compelling him to turn likewise sharply to the left, with the result that his car skidded off the road into a tree, causing injuries. The operator of the truck admitted that he heard the horn but denied he cut over to the left and testified that he turned to the right, brought his truck to a stop, and did nothing to cause the accident. P testified that D and the driver of the truck visited Ps and D admitted that the accident was their fault, and promised that 'everything would be taken care of.' P got the verdict.

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