"'Q. The right edge? A. On the right-hand side of the road. I couldn't say definitely. I think he was over plenty far enough--where he belonged.
"'Q. Did you see the bicycle when it actually colided [sic] with your car? A. No.
"'Q. Tell us what happened when you went by the bike? A. I lost my vision of him. I couldn't see him at all. He was on the side of me. When the bicycle struck, I don't mind saying, it kinda confused me when that hit me because I didn't realize what it was for an instant, and I guess it would be confusing to anyone that had an accident of that kind.
"'Q. What part of the automobile did the bicycle come in contact with? A. Between the running board and the fender--right where it connects on.
"'Q. When you last saw the boy, he was traveling down the road on the right-hand side? A. Yes.
"'Q. Do you recall whether he was going straight ahead or turning? A. Straight ahead.
"'Q. Did he ever made [sic] any signal of his intentions of making a left turn by extending his hand to the left? A. The only signal he made was some 800 feet from me, when he held up his hand when I blowed [sic] my horn and he turned around and looked at me.
"'Q. He turned around and looked at you. When this bicycle sped into the side of your car, did you apply the brakes or not? A. Yes.
[...]
"Appellant Alfred Sakshaug testified that shortly after the accident he had a meeting with Mr. Barber and that the following conversation occurred:
"'What did he tell you? Just tell the jury what he told you about this accident? A. Well, I went up to see him. It was about a month afterwards. ... I told him that I was father to the boy that was killed and I had never seen him before in my life. ...
[...]
"'Q. What did he say? A. He said, "I was driving down the road and I seen the boy and he held out his hand. I didn't know what he meant and I didn't know that road was there."
"'Q. He said he didn't know that side road was there? A. Yes. He said, "The next time I see a boy like that, I'm going to slow down and see what he means." Then he told me about the dog in the middle of the road.
"'Q. What did he say about that? A. He said, "If it hadn't been for that dog, I might have gotten by the boy."
[...]
"'Q. Did he say the boy held up his hand? A. Out.
"'Q. The boy held out his hand. And he said the next time he saw a boy hold his hand out, he was going to see what he wants? A. Yes.
"'Q. Did he say anything about the boy looking back? A. I couldn't say whether he said he looked back or not.
"Barber denied the statement made by Mr. Sakshaug.
[...]
"In this case a timely signal by the boy of his intention to make a left turn would have given him the right of way, and the question of fact as to the giving of such a signal is the crux of the case. Respondent testified:
"'Q. Did he ever made [sic] any signal of his intention of making a left turn by extending his hand to the left? A. The only signal he made was some 800 feet from me, when he held up his hand when I blowed [sic] my horn and he turned around and looked at me.
[Please click here to read the conclusion to this opinion and to read an excerpt from the dissenting opinion.]
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