Berk v. Blaha

I am unable to concur because there was sufficient evidence upon favorable-to-plaintiffs view so that their case should have been submitted to the jury for its verdict.

The plaintiffs were passengers in a motor vehicle which collided at an intersection with the defendants’ vehicle. There was a flashing light at the intersection; a red flasher faced the vehicle in which the plaintiffs were riding and a yellow flasher faced the vehicle driven by the defendant. It was stipulated that the driver of the plaintiffs’ vehicle, in violation of his statutory duty,1 failed to stop for *88the red flasher. It…