Dollar Dodge Rent Service, Inc. v. McEwen

(after stating the facts as above). The propositions of appellant present, in effect, the two points in view that (1) the evidence establishes contributory negligence as a matter of law, and (2) the evidence fails to establish the special negligence pleaded. Appellant specially pleaded contributory negligence of appellee in bar of his recovery, and the evidence, considered as a whole, clearly made the issue. The undisputed evidence shows that the automobile was in its proper place on the street, on the right-hand side of the street, going east. The appellee wjas also in his rights in crossing…