Ewing v. Izer

Defendant appeals from a judgment for damages arising out of an automobile collision. The only issue is whether defendant was entitled to a directed verdict based upon the alleged contributory negligence of the plaintiff.

Plaintiff made a left turn against oncoming traffic. He said he looked but did not see the defendant’s vehicle. The accident occurred at night, and there was evidence that one or more other vehicles had passed through the intersection immediately preceding defendant’s vehicle. The plaintiff argued that the defendant’s automobile may have been masked by other automobiles…