Meeks v. Atkeson

Plaintiff’s evidence showing defendant left his unlighted car at night parked across both lanes of a two-lane highway, while defendant searched for his lost cat, was clearly sufficient to require submission of an issue as to defendant’s actionable negligence. The non-suit can be sustained, if at all, only on the ground that plaintiff’s evidence so clearly establishes his own negligence as one of the proximate causes of his injuries that no other reasonable inference may be drawn therefrom. We do not agree with the trial court’s conclusion that it does.

Bobbitt, J. (now C.J.), speaking for the…