Kellar v. Miller

There is nothing in the record to refute the statement of the plaintiff that when 10 feet or less from the intersection of Indianola and Thirteenth Avenues he could see but 50 to 60 feet to the east on Thirteenth Avenue. This is consistent with the physical situation with which he was confronted.

We must accept as a fact the finding of the jury that the defendant was not proceeding toward the intersection in a lawful manner. That he was not so traveling will account for the fact that the plaintiff did not when he first looked see defendant at a distance of 60 feet from the intersection. If he…