GIBBS v. Blue Cab, Inc.

HENRIOD, Justice.

This is an appeal from a judgment entered on a directed no cause of action verdict in a suit for wrongful death arising out of an intersection collision involving a bicycle and a cab. The judgment is reversed for a new trial, with costs on appeal to plaintiffs.

Plaintiffs contend that (1) the trial court’s conclusion that deceased was contributorily negligent as a matter of law was erroneous, since the presumption that he was using due care for his own safety was not rebutted by defendant, and (2) that under the facts the question of (a) contributory negligence and (b) whether…