Kuhn v. Frazier

If a simple factual situation, presented without dispute, such as contained in this record, can be said to be such a case as to warrant submission thereof to the jury, then I can perceive no case from this date in which a trial judge can render a decision as a matter of law in an automobile negligence case. In an attempt to justify the classification of this case among those presenting a jury question, the majority opinion by judicial fiat gives an explanation which this plaintiff never gave in her testimony before the jury as to why she did not see the defendant’s car.

The majority opinion —…