Fester v. George

This action involves a collision at a street intersection in the city of Sioux Falls. The jury returned a verdict for the plaintiff. Defendant moved for judgment notwithstanding the verdict which was overruled by the trial court. The only question presented is whether plaintiff was guilty of contributory negligence as a matter of law. The jury having returned a verdict in favor of the plaintiff the facts must be reviewed in the light most favorable to that verdict.

The accident occurred on Saturday,. November 4th, 1945 about noon at the intersection of Franklin Avenue and Eighth Street.…