Oakes v. Van Zomeren

Upon trial in the circuit court without a jury plaintiff had judgment for damages arising from an automobile accident which resulted in the death of plaintiff’s decedent. Defendant has appealed and presents for review the following questions :(1) Was defendant guilty of negligence causing the accident?(2) Was plaintiff’s decedent guilty of contributory negligence?(3) Was the judgment excessive?

Shortly before one o’clock on the afternoon of March 12, 1930, while driving his Ford sedan in a westerly direction on West Main street in Fremont, defendant’s machine struck plaintiff’s decedent and…