Dixon v. Kinker

BRADY, Commissioner.

In this jury waived action the plaintiff alleged both primary and humanitarian negligence. The trial court found that the defendant was guilty of primary negligence in that he failed to yield the right-of-way, but also found the plaintiff was barred from recovery on that theory by his contributory negligence in failing to keep a vigilant lookout and also in entering the intersection when it should have been apparent to him that a collision would ensue. The trial court also found for the defendant upon plaintiff’s pleaded theory of humanitarian negligence. Plaintiff appeals.