Olk v. Marquardt

The appellant urges the negligence of the plaintiff as a basis for his recovery on his counterclaim and as a defense against respondent’s complaint, but in our view of the case the jury was warranted in reaching the conclusion it did.

One approaching a crossing of a highway, proceeding with ordinary care to a point where he can see to his left a sufficient distance to insure him that any one coming from beyond, traveling at a lawful rate of speed, will not interfere with his crossing the highway, may rightfully proceed on the assumption that his right of way will be respected. If by reason of…