Martinson v. Polk County

In passing upon the question of the existence of evidence that any negligence of plaintiff was a proximate cause of his injury, we must consider that he was driving over a road used by him many years, that no notice had come to him that a ditch had been cut across the path he had a right to believe still existed. The contour of the land was such that he would naturally be at the point the evidence *449shows he was when the ditch suddenly became apparent. Under the law as outlined in cases mentioned in the companion case, plaintiff was not guilty of any negligence in expecting to travel a road…