7. Shortly prior to 2 P.M. on March 13, 1947, the Navy truck entered South Sixteenth Street at a point several city blocks south of Fitzwater Street, and proceeded north on South Sixteenth Street. Up until the time of the collision the Navy truck maintained a course in the center of South Sixteenth Street.
8. As the Navy truck approached the intersection of South Sixteenth Street and Fitzwater Street, the laundry truck was following the Navy truck. Both vehicles were proceeding at a speed of approximately 15 to 20 miles per hour.
9. Immediately after the Navy truck had crossed Fitzwater Street, the laundry truck increased its speed slightly in an attempt to overtake and pass the Navy truck on the left-hand side. The driver of the laundry truck sounded his horn.
10. When the two vehicles, abreast of each other, reached a point approximately 30 feet north of the north curb of Fitzwater Street, the right front wheel of the laundry truck came in contact with the left front wheel of the Navy truck.
11. As a result of this contact, the Navy truck veered sharply to the right and struck a Buick automobile which was parked at the curb line, forcing the latter vehicle to mount the sidewalk and strike Mrs. Rivers.
12. Immediately prior to the time of the collision, the laundry truck was maintaining a course with its left wheels several inches from the west curbline of South Sixteenth Street.
13. Mrs. Rivers was in no way at fault in this collision; she was simply standing on the sidewalk where she had a right to be.
14. At the time of the accident, the weather was clear and the street was dry.
15. As a result of being struck by the Buick automobile, Mrs. Rivers suffered a compound fracture of the left leg, and a soft tissue injury of the lower part of the right leg.
16. The fracture of Mrs. Rivers' left leg has necessitated two operations in the past, and will require a third operation in the future.
17. The husband plaintiff, Frederick Nathaniel Rivers, has proven the following damages which have already been sustained:
(a) Hospital bill for Mrs.
Rivers, $ 455.60
(b) Liniments and other
medications, $ 30.00
(c) Expenses of employing a
relative to care for Mrs.
Rivers subsequent to
the accident $ 190.00
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