Martin v. Sweeney

At the conclusion of the plaintiff’s case, in an action to recover for personal injuries suffered in a motor vehicle accident, the court granted a motion for a directed verdict on the ground that the plaintiff was guilty of contributory negligence as a matter of law. The plaintiff below appeals from the judgment for the defendant for costs, urging upon us that reasonable minds could differ upon whether or not her acts, or failures to act, had been so prominent and decisive as to be obviously imprudent.

On a rainy November evening in 1951, the appellant, a seventeen year old girl, was coming…