Slivensky v. Wayne

Plaintiff’s suit is for damages sustained incident to an automobile collision. The circuit judge, who heard the case without á jury, rendered judgment in favor of plaintiff. Defendant has appealed.

Appellant’s contention is that under the record the circuit judge’s finding that plaintiff was free from contributory negligence is against the great weight of the evidence. In this connection appellant stresses the following facts. Plaintiff was driving on a through highway at a speed of 35'to 40 miles an hour and he made no observation to his right as he approached the intersection of the highway…