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accident affirmed alleged amount appellant's Appellee applied attorney auto automobile award belt Ben Oda brakes brought this action cause of action charge claim collision contends contributory negligence counsel County court erred court held Court of Appeals coverage crossing damages decedent defendant dence directed verdict driver duty error evidence fact failed failure favor feet fendant filed gence guest statute highway injuries sustained instruct the jury insurance company intersection issue judgment jury lane last clear chance liability insurance matter of law ment miles per hour motion motor vehicle named insured operation opinion pain and suffering party passenger personal injuries plain plaintiff Plaintiff brought proximate cause question railroad reasonable recover result reversed road rule speed statement statute stop sign street suit summary judgment supra Supreme Court testified testimony tiff tion traffic trailer trial court trial judge truck witness wrecker wrongful death