Armstrong v. McDonald

I dissent upon the ground that the record clearly establishes contributory negligence on the part of the plaintiff that bars his recovery as a matter of law. The plaintiff was injured while crossing Fourth Avenue in the city of Minot. He was walking in the regular-pedestrian lane from south to north and was struck by an automobile driven by the defendant Gordon McDonald which approached the plaintiff from his right. The automobile had stopped on the east side of Main Street which is designated and marked as a Stop street. After stopping, the driver started up and proceeded across Main Street…