Horton v. Stoll

Action for damages for personal injuries. The injuries sustained by plaintiff Maxine Libby Horton, a pedestrian, were alleged to have been caused by the negligence of defendant automobile driver. The case went to trial before the court sitting with a jury. At the close of plaintiff’s case, defendant moved for a nonsuit on the grounds: (1) that plaintiff had failed to show defendant was negligent, and (2) that plaintiff was guilty of contributory negligence as a matter of law. The court found in accord with defendant’s contention, withdrew the cáse from the jury, and granted a judgment of…