Gardner v. Maley

Opinion by

Jacobs, J.,

In this T-intersection collision the plaintiff was proceeding north on a through highway. His automobile was hit by an automobile driven by the defendant as she entered the highway from a side road governed by a stop sign. Plaintiff was awarded a jury, verdict. Defendant moved for a new trial and judgment n.o.v. The court below did not discuss the new trial motion but granted judgment n.o.v. for the defendant, declaring plaintiff contributorily negligent as a matter of law for failure to look toward the side road upon entering the intersection.

In considering a motion by…